The article examines the case law of the ECtHR on immigration and asylum cases under ‘family life’ under echr Article 8. It argues that certain criteria of the Court in both admission and in expulsion cases do not appear to be particularly relevant to the actual notion of family life. We argue that besides its being scarcely relevant to the nature of family life, the ‘elsewhere approach’ applied by the Court in these cases is indirectly discriminatory for certain categories of aliens. Certain of the criteria taken into consideration in expulsion cases do not aim at measuring family life, but rather the level of integration that the immigrant enjoys in the hosting country. Rather recently, the Court seems to have even taken into account ‘financial considerations’ in its case law on family life. The article argues that a different approach in Article 8 admission and expulsion cases is necessary.
International Journal on Minority and Group Rights – Brill
Published: Aug 3, 2018
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera