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Supreme Court of Denmark

Dismissal of claim for expulsion 

Case no. 258/2015

Judgment delivered on 12 May 2016

The Public Prosecutor

Claim for expulsion of Croatian citizen, who had been found guilty of illegal possession of firearms and threats, dismissed

46-year-old T had been found guilty of illegal possession of firearms in particularly aggravating circumstances as well as threats and had been sentenced to imprisonment for 18 months.

The case before the Supreme Court concerned the issue of expulsion.

According to the facts of the case, T came to Denmark when he was three years old and has never been to Croatia, just as he does not speak Croatian. T has four children in Denmark, including two minors. He has sole custody of the two minor children who have no contact with their mother. They are placed outside the home and have regularly visited T in prison. T has previously been convicted of a number of offences committed over a number of years. 

Based on the facts of the case, and referring to EU law and the European Human Rights Convention, the Supreme Court held that, despite the gravity of T's offences and his criminal career, expulsion would be in contravention of Denmark's international obligations, as expulsion would amount to a disproportionate restriction of T's right to respect for private and family life. The Prosecution's claim for expulsion was thus dismissed.

The High Court had reached the same conclusion.

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