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Ministère de l'Intérieur, de la Sécurité intérieure et des Libertés locales v. Bouziane , n° 266948, Conseil d'Etat, 4 octobre 2004, AJDA 2005 Jurisprudence p. 98

Facts: the Minister of the Interior, of the Domestic Security and of Local Liberties produced information coming from the French Center for Secret Information proving that M.X belonged to a salafist movement and that he entertained close relations with extremist groups and terrorist organizations. He therefore issued an order of deportation from France against M.X. M.X claimed that this order violated his right to privacy and family life guaranteed by article 8 of the European Convention.

Procedure: the Minister of the Interior, of the Domestic Security and of Local Liberties asks the Conseil d'Etat to cancel article 1 of the Decree of April 26, 2004 whereby the "juge des référés" of the Administrative Tribunal of Lyon rejected his claim to end the suspension of his decree of February 26, 2004 ordering the deportation of M.X from France

Holding: the Conseil d'Etat ruled in favor of the Minister and cancelled article 1 of the Decree of April 26, 2004 of the "juge des référés" of the Administrative Tribunal of Lyon suspending the order of deportation of M.X.

Reasoning: information from the Center for Secret Information can be a ground for a decision of deportation of an Imam when they prove that the Imam has links with extremist groups and terrorist organizations. The information was sufficient for the Minister to order the order of deportation of M.X.

 

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