Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Jade Quirke
Jade Quirke
Family Solicitor
Read on
IMMIGRATION/HUMAN RIGHTS: Konstatinov v Netherlands
Date:26 APR 2007

(European Court of Human Rights; 26 April 2007)

The wife had twice been denied a residence permit to stay in the Netherlands with the husband, who held a permanent residence permit but did not comply with the minimum income requirement under the relevant rules in respect of family reunion. The wife was then declared an undesirable alien on account of her criminal record in the Netherlands, entailing a 5-year exclusion order. The wife, threatened with expulsion, argued that the exclusion order breached her rights under the European Convention on Human Rights, Art 8.

The Netherlands had not failed to strike a fair balance between the wife's interests and the state's own interest in controlling immigration and public expenditure and in the prevention of disorder or crime. There had been no violation of Art 8.