Communicated on 5 December 2018
FOURTH SECTION
Application no. 56700/15
Egídio Pedro SANCHES PINA
against Portugal
lodged on 9 November 2015
SUBJECT MATTER OF THE CASE
The application concerns the judicial decision to expel the applicant, a Cape Verdean national lawfully residing in Portugal, subsequent to his criminal conviction for drug trafficking and possession of illegal weapons, confirmed by the Lisbon Court of Appeal on 7 May 2015 (notified to the applicant on 11 May 2015).
Invoking Article 8 of the Convention and Article 1 of Protocol No. 7 to the Convention, the applicant complains that the decision on his expulsion from Portugal violates his right to family life.
QUESTIONS tO THE PARTIES
1. The parties are requested to inform the Court whether the applicant has been expelled to Cape Verde and, if not, what is the current status of the expulsion proceedings?
2. Would the enforcement of the applicant’s expulsion to Cape Verde violate his right to respect for his private life and family life with three of his children, Portuguese nationals, guaranteed by Article 8 of the Convention? In particular, did the domestic authorities strike a fair balance between the grounds underlying the decision to expel the applicant and the applicant’s right to respect for family life (Jeunesse v. the Netherlands [GC], no. 12738/10, § 109, 3 October 2014; Üner v. the Netherlands [GC], no. 46410/99, §§ 54-60, ECHR 2006‑XII; and Boultif v. Switzerland, no. 54273/00, § 48, ECHR 2001‑IX)?
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