The ECHR remains adamant. Monday, March 17, the European Court of Human Rights refused to judge again a case in which it had guaranteed a foreigner expelled from an EU country its right to return.
The case in question concerns an Iraqi, named Zana Sharafane, who had been found guilty of drug trafficking in Denmark. The justice of the Scandinavian country sentenced him in 2022 to a temporary expulsion of six years in his territory. But last November, the ECHR opposed this decision, ensuring that the conditions of return to Denmark of this individual were not assured. Indeed, Zana Sharafane should request a new residence permit, like any other foreigner, which could be refused by Denmark. Now, according to the ECHR, this lack of return guarantee would violate respect for the privacy and family life of this Iraqi national-even though he has neither a woman nor a child in this country
At the end of January, Copenhagen challenged this ECHR decision and claimed a referral to this case in the Grand Chamber. The Danish government denounced the choice of the court, which “Raises serious and serious questions relating to the interpretation and application of the Convention (European Human Rights), in particular with regard to the sovereign law of the State to control the entry, stay and expulsion of foreigners”. This March 17, the great House of the ECHR definitively rejected Denmark’s request, thus confirming “The right to return” From this Iraqi, notes the European Center for Law and Justice (ECLJ).
“This decision of March 17 is very bad news”consider the association of its website. This confirms that “The” right to return “of expelled foreigners is a principle that is a case law and which is intended to be applied in all European countries”. This decision implies, according to the ECLJ, that a foreigner wishing to return after his ban on the territory may exercise an appeal against a possible refusal of visa, which will be the subject of an examination by the courts of the State concerned but also by the ECHR.
In this context, the organization calls for a “ reversal of case law, in order to respect the right of states to expel foreign offenders without having to organize their return to Europe after a few years ”.
