The European Court of Human Rights (ECHR) on Thursday dismissed two Congolese and Algerian nationals who accused France of having condemned them to bans, considering these decisions "
balanced
" and not infringing their right to respect for private and family life.
The first case concerned a Congolese national sentenced in 2013 to six months in prison for having falsified administrative documents in order to organize a "
white marriage
», In order to allow a compatriot to obtain a residence permit.
He was also sentenced to an additional 10-year banishment sentence, which he contested before the ECHR.
It finds that the applicant, single and childless, had lived in his country of origin until the age of at least 24.
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Before the French courts "
he did not provide any details as to the family and private ties that he would have had in France
", underlined the European judges. “
In view of these circumstances and taking into account the balance of the various interests at stake, the Court concludes that the domestic courts could legitimately consider, owing to the behavior of the applicant, the gravity of the acts committed and the persistence of his criminal behavior , that a ten-year inadmissibility measure was necessary for the defense of order and the prevention of criminal offenses
», Considers the judicial arm of the Council of Europe, which sits in Strasbourg.
In the second case, the applicant is an Algerian, placed under judicial supervision in 2016 for acts of rape committed ten years earlier.
In April 2017, the prefect of Haut-Rhin refused his request for admission to the stay, resulting in an obligation to leave the territory.
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The ECHR notes that "
if the applicant requested, on several occasions, a residence permit, it was only ten years after the expiry of his last residence certificate
". He was unable to establish before the French courts that he "
has lived habitually in France since 2007
" and "
has not been able to demonstrate the existence of dependency ties with his relatives residing in France
" , continues the court of Strasbourg. "
In addition, single and childless, the applicant does not justify any integration into French society
", she adds. In the fact that he must leave the territory, there is "
therefore not a disproportionate interference with the applicant's right to respect for his private and family life.
".