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In 1978, Mr. Hassan Boutagni immigrated to France at the age of 11 years old. In 1994, he got married and his 3 children were born in France. He was a legal permanent resident of France and his parents, sisters and brothers are living in France.
On July 11th 2007, he was found guilty by the tribunal of Paris of helping youths to go to Syria to train with the terrorist organization GICM. His sentence was 5 years in jail and a life ban to stay in France.
On September 2th 2008, a deportation order to Morocco was served to the applicant who was detained in the immigration detention center of Palaiseau. On September 5th 2008, the E.C.H.R notified France that a suspension of the deportation order was appropriate until its ruling (art.39). On September 6th 2008, he was ordered to live in the department Manche under a penalty of 3 years of jail (art. L624-4 of immigration code).
The request to cancel the deportation order is still pending at the administrative tribunal of Versailles.
On September 5th 2008, the applicant filed an application with the E.C.H.R arguing that the deportation order to Morocco was a violation of articles 3, 8 the Convention. On November 13th 2008, the application was communicated to the agent of the French government with questions to be answered before 16 weeks. Mr. Hassan Boutagni is represented by Me Denis Solanet (Versailles) who didn’t answer our request for comments.
On June 25th 2010, the French government “promised” by a letter to the Court not execute the deportation order of September 2th 2008 and incidentally the future judgment of the administrative tribunal of Versailles. But the French government didn’t cancel the deportation order.
On November 18th 2010, the E.C.H.R surprisingly didn’t confirm the case-law Daoudi v. France (19576/08) by declaring that the execution of the deportation order will be a violation of article 3 of the Convention. The Court ruled that the issuance of the deportation order was not a violation of article 3 of the Convention because of the “promise” of the French government not to execute it. The Court also invite the applicant to request an interim measure (art.39) if the deportation order to Morocco was executed. No legal fees reimbursement was awarded to the applicant.