Published on 2 September 2024
FOURTH SECTION
Application no. 20848/24
M.S.
against Denmark
lodged on 22 July 2024
communicated on 15 August 2024
SUBJECT MATTER OF THE CASE
The applicant is a Somali national. He was born in Denmark. By a High Court judgment which became final on 4 April 2024, the applicant was convicted of drug offences and of conspiracy to escape lawful custody. He was sentenced to 3 years’ imprisonment and his expulsion from Denmark was ordered, with a 6‑year re‑entry ban.
The applicant complained that the order expelling him from Denmark was in violation of Article 8 of the Convention.
QUESTIONS TO THE PARTIES
1. Having regard, in particular, to the fact that the applicant was sentenced to 3 years’ imprisonment, would the order to expel him from the country with a 6-year re-entry ban be in breach of Article 8 of the Convention (see, for example, Abdi v. Denmark, no. 41643/19, 14 September)?
2. Should weight be given, in the proportionality test under Article 8 of the Convention, to whether the applicant has any prospect of re-entering the country after the expiry of the re-entry ban? In the affirmative, are his prospects of being re-admitted to Denmark after the six‑year re-entry ban “purely theoretical” (see, among others, Savran v. Denmark [GC], no. 57467/15, § 200, 7 December 2021)?