Dalia v. France

The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1998. order permanently excluding from French territory a convicted Algerian woman who had arrived in France to join her family lawfully resident there mother of an underage child of French nationality Article 8 Government?s preliminary objection of nonexhaustion of domestic remedies dismissed whether applicant had a private and family life at date of court?s refusal to lift exclusion order interference with right to respect for family life and private life whether interference ?in accordance with law? legitimate aim prevention of disorder or crime whether interference ?necessary in democratic society? duty of Contracting States to maintain public order right of Contracting States to control entry and residence of aliens power of state to deport aliens convicted of criminal offences applicant had important links with Algeria and France interference in issue not so drastic as that which may result from expulsion of applicants born in host country or who first went there as young children links formed with child when illegally in France not considered decisive great weight attached to nature of offence underlying prison sentence and exclusion order no violation of Article 8 Article 3 whether suffering sufficiently intense to constitute ?inhuman? or ?degrading? behaviour not established that renewed enforcement of exclusion order would cause applicant suffering of such intensity no violation of Article 3