The applicant is a dual Danish and Algerian national who has been deprived of his Danish nationality and deported from Denmark with a permanent re-entry ban for joining the Islamic State. The applicant claimed a violation of Article 8 ECHR, but the Court found that the Danish decision was not arbitrary.
Section 8b of the Act on Danish Nationality
ECHR Article 8
The applicant was arrested in 2016 based on an Interpol list of individuals linked to ISIS. He was convicted in 2017 for joining the Islamic State from 2013 to 2014. The Danish courts sentenced him to five years in prison, deprived him of his nationality and ordered his expulsion with a permanent re-entry ban.
The applicant argued there was a violation of his Article 8 rights. His right to respect for private and family life was being infringed by the deprivation of his Danish nationality and his expulsion.
The Danish authorities emphasised the severity of the terrorist offenses committed by the applicant. They argued that his involvement with the Islamic State and participation in terrorist activities posed significant threats to national security and to public safety. The measures taken were therefore necessary responses to ensure public safety.
The Court found that the measures taken by the Danish authorities were not arbitrary. The applicant was given an opportunity to challenge the decision taken at two levels of jurisdiction and the deprivation of his nationality was considered proportionate given the severity of the terrorist crimes he had committed. The Danish courts had assessed the consequences of the measures, considering the applicant's ties with Denmark and Algeria. The Court agreed that an expulsion order and lifelong re-entry ban was necessary to protect the public from the threat of terrorism and concluded the Danish courts were not in violation of Article 8.
The application was declared inadmissible.
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