Mrs. Khan And Germany Case: The Khan V. Germany

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n 1991, the claimant and her husband migrated from Pakistan to Germany where her husband’s application for asylum was approved, however her application was denied by the authorities. In 1994, a temporary residence permit was granted to her as a refugee’s spouse and in 1995 her son was born. In 1998 Mrs. Khan separated from her husband and in 2001 received a permanent residence permit. In 2004, she became unemployed as a result of psychological issues and in that year murdered a neighbor. The Gießen Regional Court ruled that Mrs. Khan committed manslaughter in a state of severe mental disorder and came to the conclusion that she continued to be a danger for the general public. Subsequently, a legal guardian was assigned to her and she was required to stay in a psychiatric hospital. Mrs. Khan’s expulsion was ordered by the administrative power on account of being a danger to public safety. Other reasons were that she was not well integrated in Germany, that she merely was in …show more content…

Germany case was whether the expulsion of Mrs. Khan would comprise a violation of the right to respect for her private and/or family life determined in article 8 ECHR taken into account the length of Mrs. Khan’s lawful residence in Germany, her mental state, the fact that she had not been convicted of a criminal offence and that she was not longer detained. In its assessment the court provides for an important remark by asserting that its case law does not exclude that ‘treatment which does not reach the severity of article 3 treatment may nonetheless breach article 8 in its private-life aspect, where there are sufficiently adverse effect on physical and moral integrity’. An implication of this is the possibility that a serious mental issue while not falling within the scope of article 3 ECHR still could result in a violation of article 8 ECHR which in a certain way increases the protection of a person in such

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