Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 03/22/2007

Subject: The application concerned the 10-year residence prohibition against Mr Maslov, issued by the Vienna Federal Police Authority relying on Section 36 § 1 of the 1997 Aliens Act. The Court reiterated that the residence prohibition had a basis in domestic law and that it "pursued the legitimate aim" of preventing disorder and crime. However, given the nature of the offences which were non-violent and a result of juvenile delinquency, given Mr Maslov's good conduct following his release from prison the second time and given his lack of ties with his country of origin, the Court found that a ten-year residence prohibition appeared disproportionate to that "legitimate aim". The Court therefore held that there had been a violation of Article 8 of the Convention.

Parties: Maslov c/ Austria

Classification: Art. 7 Privacy