CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 15 juin 2006

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font-size:8pt; vertical-align:super; color:#0069d6 } .sEC2CB098 { margin-top:6pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s7940ED5C { font-family:Arial; font-style:italic; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }     FIRST SECTION       CASE OF SHEVANOVA v. LATVIA   (Application no. 58822/00)         JUDGMENT       STRASBOURG     15 June 2006     THIS CASE WAS REFERRED TO THE GRAND CHAMBER, WHICH DELIVERED JUDGMENT IN THE CASE ON 7 DECEMBER 2007     This judgment will become final in the circumstances set out in Article   44 §   2 of the Convention. It may be subject to editorial revision. In the case of Shevanova v. Latvia, The European Court of Human Rights (First Section), sitting as a Chamber composed of: Mr   C.L. R ozakis, President , Mrs   F. Tulkens, Mrs   E. Steiner, Mr   K. Hajiyev, Mr   D. Spielmann, Mr   S.E. Jebens, judges Mrs   J. Briede, ad hoc judge , and Mr S. Nielsen , Section Registrar , Having deliberated in private on 19 May 2005 and on 23 May 2006, Delivers the following judgment, which was adopted on the last ‑ mentioned date: PROCEDURE 1.     The case originated in an application (no. 58822/00) against the Republic of Latvia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Russian national, Mrs Nina Shevanova (“the applicant”), on 28 June 2000. 2.     The applicant was represented before the Court by Mr G. Kotovs, a lawyer and member of Riga Municipal Council. The Latvian Government (“the Government”) were represented by their Agent, Mrs   I.   Reine. 3.   The applicant alleged, in particular, that the decision of the Latvian authorities to deport her from Latvia violated her right to respect for her private and family life guaranteed by Article 8 of the Convention. 4.     The application was allocated to the Second Section of the Court (Rule   52 §   1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. 5.     By a partial decision of 15 February 2001 the Court declared the application inadmissible with regard to the complaints of the applicant’s son, Mr   Jevgeņijs   Ševanovs. 6.     By a decision of 28 February 2002 the Chamber declared the application partly admissible. 7.     The applicant and the Government each filed written observations on the merits (Rule 59 § 1). The Chamber having decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine ), the parties replied in writing to each other’s observations. On 12 May 2002 the applicant filed a claim for just satisfaction (Article 41 of the Convention). On 19 June 2002 the Government submitted their observations on that claim. 8.     On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed First Section (Rule 52 § 1). 9.     As the seat of the judge in respect of Latvia was vacant, the Latvian Government, in a letter of 20 December 2004, appointed Mrs J. Briede as ad   hoc judge in the present case (Article 27 § 2 of the Convention and Rule 29 § 1). 10.     By letter of 3 February 2005 the Government informed the Court of further developments in the case and requested that the application be struck out of the Court’s list of cases in accordance with Article 37 § 1 (b) of the Convention. On 25 April 2005 the applicant submitted her observations on that letter. On 13 May 2005 the Government submitted their observations in reply. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 11.     The applicant is a Russian national who was born in Russia in 1948 and lives in Riga (Latvia). A.     Background to the case and proceedings concerning the applicant’s deportation 12.     In 1970, at the age of twenty-two, the applicant settled in Latvian territory for work-related reasons. Between 1973 and 1980, the year of her divorce, she was married to a man resident in Latvia. In 1973 she gave birth to a son, Jevgeņijs Ševanovs, who has lived with her until the present day. In 1981, having lost the Soviet passport issued to her in 1978, the applicant obtained a new passport. In 1989 she found the lost passport, but did not return it to the relevant authorities. 13.     In August 1991 Latvia regained full independence. In December 1991 the Soviet Union, the State of which the applicant had hitherto been a national, broke up. The applicant therefore became stateless. In August 1992 her name was entered in the register of residents ( Iedzīvotāju reģistrs ) as a permanent resident. Her son was subsequently granted the status of “permanently resident non-citizen” of Latvia. 14.     In 1994 a Latvian bridge ‑ building firm offered the applicant a job as a crane operator in Dagestan and Ingushetia, regions of the Caucasus bordering on Chechnya and belonging to the Russian Federation. In view of the difficulties caused by tighter supervision in these regions by the Russian authorities on account of the troubles in Chechnya, the firm advised her to obtain Russian nationality and a formal registration of residence in Russia before signing the employment contract. In May 1994 the applicant consulted a broker who put a false stamp in her first Soviet passport, the one which had been found but not disclosed to the authorities, stating that the registration of her residence in Latvia had been cancelled ( pieraksts , or dzīvesvietas reģistrācija in Latvian). 15.     In June 1994 the applicant was registered as being resident in Shumanovo in the Kursk region of Russia, at her brother’s address. In August 1994 she obtained Russian nationality. In 1995 and 1996 she travelled to Russia, working there for two periods of 100 and 120 days respectively. 16.     In March 1998 the applicant applied to the Interior Ministry’s Nationality and Migration Directorate ( Iekšlietu ministrijas Pilsonības un migrācijas lietu pārvalde – “the Directorate”) for a passport based on the status of “permanently resident non-citizen”. In accordance with the regulations in force, she submitted alongside the application the second Soviet passport issued to her in 1981. On examining the file, the Directorate discovered that she had registered a second residence in Russia and had completed certain formalities on the basis of the old passport which had been mislaid and found again. Accordingly, by decision of 9 April 1998, the Directorate removed the applicant’s name from the register of residents. On the same day the head of the Directorate issued an order for the applicant’s deportation ( izbraukšanas rīkojums ), requesting her to leave Latvia for Russia by 19 June 1998. The deportation order was accompanied by a prohibition on re-entering Latvia for five years. It was served on the applicant on 11 June 1998. 17.     After appealing unsuccessfully against the deportation order to the head of the Directorate, the applicant lodged an application with the Riga City Central District Court seeking to have the order set aside. In her memorial she submitted that, as the false stamp in her passport had been put there without her knowledge and she had therefore been unaware of it, she should not have to bear the consequences. In addition, since the registration of her residence in Russia had been merely temporary, it could not affect her existing registration in Latvia. She further argued that there were no legislative or regulatory provisions in force prohibiting her from having addresses in two different countries. Accordingly, the applicant requested the court to set aside the order for her deportation and to instruct the Directorate to issue her with a permanent residence permit. 18.     In a judgment delivered on 3 December 1998 following adversarial proceedings, the court rejected the request, finding that the deportation order had been lawful and well founded. As to the applicant’s request that she be issued with a residence permit, the court declared that part of the application inadmissible on the ground that she had not applied for a permit to the relevant authorities, nor had she lodged an administrative appeal before applying to the courts, as required by section 34 of the Aliens and Stateless Persons (Entry and Residence) Act (“the Aliens Act”). 19.     On 13 July 1999 the Russian authorities cancelled the applicant’s residence registration in Russia, at her request. 20.     The applicant lodged an appeal with the Riga Regional Court against the judgment of 3 December 1998. In a judgment delivered on 29   September 1999 following adversarial proceedings, the Regional Court dismissed the appeal on the ground that, as the applicant had been illegally resident in Latvia since her return from Russia, her deportation was in accordance with section 38 of the Aliens Act. The Regional Court also upheld the District Court’s findings as to the inadmissibility of the request for a residence permit. 21.     In a judgment of 28 December 1999 the Senate of the Supreme Court dismissed an appeal by the applicant on points of law, finding that the interference complained of had been lawful and proportionate. In particular, the Senate observed that, in the instant case, the applicant’s right to have two addresses or places of residence in two different countries had not been in dispute; the order for her deportation had been based solely on the fact that she had been resident in Latvia without a residence permit. 22.     With the delivery of the Senate’s judgment the order for the applicant’s deportation became enforceable. 23.     In two letters sent on 21 January and 3 February 2000, the applicant and her son requested the head of the Directorate to rescind the deportation order and to issue the applicant with a permanent residence permit. In support of their request, they argued that they did not have family ties in any country other than Latvia and that the expulsion of the applicant from Latvian territory, where they had lived together for twenty-six years, would constitute a serious infringement of their right to respect for their family life. They made explicit reference in that regard to Article 8 § 1 of the Convention and to similar provisions of the Latvian Constitution. 24.     By letters dated 28 January and 15 February 2000 respectively, the head of the Directorate refused this request and reminded the applicant that she was required to leave Latvia immediately or be forcibly expelled. 25.     After attempting without success to challenge this refusal by means of an administrative appeal to the Interior Minister, Mrs Shevanova and her son lodged a fresh application with the Riga City Central District Court to have the deportation order set aside. By order of 3 March 2000 the court declared the application inadmissible. On 24 May 2000 the Riga Regional Court upheld the order. An appeal on points of law by the applicant and her son was dismissed by an order of the Senate of the Supreme Court dated 29   November 2000. 26.     On 12 February 2001 the applicant was arrested by the immigration police ( Imigrācijas policija ) and placed in a detention centre for illegal immigrants. On 21 February 2001 officials of the Directorate served a forcible expulsion decision on her ( lēmums par piespiedu izraidīšanu no valsts ). 27.     On 26 February 2001 the applicant was admitted to hospital with acute hypertension. Consequently, on 28 February 2001, the head of the Directorate stayed execution of the forcible expulsion decision and requested the immigration police to formally order the applicant’s release from the detention centre. The deportation order of 9   April 1998 was also suspended at the same time. 28.     As execution of the forcible expulsion decision had been stayed indefinitely, the applicant continued to reside illegally in Latvia. B.     Developments subsequent to the admissibility decision 29.     On 7 January 2005 the head of the Directorate wrote a letter to the Government’s Agent in the following terms: “... [T]he ... Directorate ... has received your letter concerning the application lodged by Nina Shevanova with the European Court of Human Rights ... and requesting [us] to consider the possibility of issuing her with a permanent residence permit ... under section 24(2) of the Immigration Act. The reason you cite for your request is the existence of a real risk that a violation of Article 8 of the Convention might be found in this case. However, if Nina Shevanova were to be granted a sufficiently secure legal status in Latvia, the Latvian Government would be justified in requesting the European Court to dismiss the application. ... I would like first of all to draw your attention to the fact that section 24(3) of the Immigration Act does not apply to the circumstances of the Shevanova case. The Directorate has therefore explored other possible solutions. ... Regard being had ... to the relevant circumstances of the Shevanova case, and in particular the fact that Mrs Shevanova has lived and worked within Latvian territory for a long time – a fact which undoubtedly testifies to the existence of sufficiently strong private and social ties ... – the Directorate is prepared, once it has obtained the necessary documentation from Mrs Shevanova ..., to address an opinion to the Minister of the Interior proposing that she be issued with a temporary residence permit valid for five years, in accordance with section 23(3) of the Immigration Act... ... Under the terms of Council [of the European Union] Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, Member States are required to grant long-term resident status to third-country nationals who have resided legally and continuously within their territory for five years immediately prior to submission of the relevant application. Accordingly, on expiry of the period of validity of her temporary residence permit, Nina Shevanova would be entitled to apply for and obtain the status of permanent resident and to be issued with an EC residence permit. Remedying Mrs Shevanova’s situation in this way would be sufficient to put an end to any possible violation of her rights under Article 8 of the Convention. With this aim in mind, the Directorate has already drawn up a letter inviting Mrs   Shevanova to submit to it the documents required in order to apply for a residence permit. This letter will be sent to her in the next few days. It should be pointed out that, in accordance with section 61 of Regulation no. 213 ... on residence permits, [the person concerned] in such cases must submit a letter from a legal entity attesting to the necessity ... of his or her remaining in the Republic of Latvia . The Directorate notes in that connection that Mrs Shevanova will in all likelihood be unable to produce such a document. In any event, a positive ... outcome to the case can be achieved only if Mrs   Shevanova herself displays an interest in such a solution. Should Mrs Shevanova herself fail to take steps towards implementing the solution proposed by the Latvian Government, [it should be borne in mind that] the European Court of Human Rights has already acknowledged that, where applicants knowingly decline to take the appropriate measures suggested by the authorities ..., they cannot claim to be victims of a violation of their right to respect for their private and family life... The reference to Article 8 of the Convention ..., made in Mrs Shevanova’s request, would therefore be without foundation.” 30.     By Decree no. 75 of 2 February 2005, the Cabinet of Ministers instructed the Minister of the Interior to issue the applicant with a permanent residence permit “once the documents required to make such an application have been received” (Article 1 of the decree). 31.     By letter of 24 February 2005 the Directorate explained to the applicant how she could regularise her stay by obtaining a permanent residence permit, and invited her to submit the documents required for that purpose under the relevant regulations. It is clear from the case file, however, that the applicant has to date not taken the steps indicated by the Directorate. II.     RELEVANT DOMESTIC LAW A.     General provisions 32.     Latvian legislation on nationality and immigration distinguishes several categories of persons, each with a specific status. (a) Latvian citizens ( Latvijas Republikas pilsoņi ), whose legal status is governed by the Citizenship Act ( Pilsonības likums ); (b) “permanently resident non-citizens” ( nepilsoņi ) – that is, citizens of the former USSR who lost their Soviet citizenship following the break-up of the USSR in 1991, but have not subsequently obtained any other nationality – who are governed by the Non ‑ Citizens Act (see paragraph 33 below); (c) asylum-seekers and refugees, whose status is governed by the Asylum Act of 7 March 2002 ( Patvēruma likums ); (d) “stateless persons” ( bezvalstnieki ) in the narrow and specific sense of the term. Prior to 2 March 2004 their status was governed by the Status of Stateless Persons Act, read in conjunction with the Aliens Act (see paragraph 34 below) and, after 1 May 2003, with the Immigration Act (see paragraph 36 below). Since 2 March 2004 their status has been governed by the new Stateless Persons Act, also read in conjunction with the Immigration Act; (e) “aliens” in the broad sense of the term ( ārzemnieki ), a category which includes foreign nationals ( ārvalstnieki ) and stateless persons ( bezvalstnieki ) falling solely within the ambit of the Aliens Act (before 1   May 2003), and the Immigration Act (since that date). B.     “Permanently resident non-citizens” 33.     Section 1(1) of the Act on the Status of Former USSR Citizens without Latvian or other Citizenship (( Likums “Par to bijušo PSRS pilsoņu statusu, kuriem nav Latvijas vai citas valsts pilsonības ) reads as follows: [ Version in force before 25 September 1998 ]: “This Act governs citizens of the former USSR resident in Latvia ..., who were resident within Latvian territory prior to 1   July   1992 and whose place of residence is registered there, regardless of the status of their housing, and who are not citizens of Latvia or any other State; it also governs the minor children of such persons who are not citizens of Latvia or any other State.” [ Version in force since 25 September 1998 ]: “The persons governed by this Act – ‘non-citizens’ – shall be those citizens of the former USSR, and their children, who are resident in Latvia ... and who satisfy all the following criteria:   (1) on 1 July 1992 they were registered as being resident within the territory of Latvia, regardless of the status of their housing; or their last registered place of residence by 1 July 1992 was in the Republic of Latvia; or a court has established that before the above-mentioned date they had been resident within Latvian territory for not less than ten years;   (2) they do not have Latvian citizenship;   (3) they are not and have not been citizens of any other State. ...” ... C.     Status of aliens generally 34.     The relevant provisions of the Aliens and Stateless Persons (Entry and Residence) Act ( Likums “Par ārvalstnieku un bezvalstnieku ieceļošanu un uzturēšanos Latvijas Republikā ), in force prior to 1 May 2003, read as follows: Section 11 “Any foreigner or stateless person shall be entitled to stay in the Republic of Latvia for more than three months [ version in force since 25 May 1999 : ‘more than ninety days in the course of one half of a calendar year’], provided that he or she has obtained a residence permit in accordance with the provisions of this Act. ...” Section 12 ( amended by the Act of 15 October 1998 ) “Aliens or stateless persons may be issued with... (1) a temporary residence permit; (2) a permanent residence permit. ...” Section 23(1) ( added by the Act of 18 December 1996, in force since 21 January 1997 ) “Permanent residence permits may be obtained by aliens who, on 1 July 1992, were officially registered as being resident for an indefinite period within the Republic of Latvia if, at the time of applying for a permanent residence permit, they are officially registered as being resident within the Republic of Latvia and are entered in the register of residents. Citizens of the former USSR who acquired the citizenship of another State before 1   September 1996 must apply for a permanent residence permit by 31 March 1997. Citizens of the former USSR who acquired the citizenship of another State after 1   September 1996 must apply within six months of the date on which they acquired the citizenship of that State. ...” Section 34 “The person concerned may, within one month of notification of the decision to refuse a residence permit, appeal against the decision to the head of the Directorate, who shall examine the appeal within one month. The Minister of the Interior may, by decree, set aside an unlawful decision by the Directorate or the head of the Directorate ordering a residence permit to be issued or refused. An appeal may be lodged with the courts against the above-mentioned decision or decree by (1)     the person concerned if he or she is legally resident within the territory of the Republic of Latvia; (2)     the person resident in Latvia who invited the alien ... whose application for a residence permit has been refused, where the invitation was in connection with family reunification. ...” Section 35 “No residence permit shall be issued to a person who ... (5)     was deported from Latvia during the five years preceding the application; (6) has knowingly supplied false information in order to obtain such a permit; (7) is in possession of false or invalid identity or immigration documents;   ...” Section 38 “The head of the Directorate or of the regional office of the Directorate shall issue a deportation order... ... (2) if the alien ... is in the country without a valid visa or residence permit; ...” Section 40 “The individual concerned shall leave the territory of Latvia within seven days after the deportation order has been served on him or her, provided that no appeal is lodged against the order in accordance with this section. Persons in respect of whom a deportation order is issued may appeal against it within seven days to the head of the Directorate, who shall extend the residence permit pending consideration of the appeal. An appeal against the decision of the head of the Directorate shall lie to the court within whose territorial jurisdiction the Directorate’s headquarters are situated, within seven days after the decision has been served.” 35.     At the material time the practical arrangements concerning registration of residence were governed by Regulation no. 76 of 12 February 1993 on registration of residence for residents of the Republic of Latvia and cancellation thereof ( Iedzīvotāju pierakstīšanas un izrakstīšanas noteikumi Latvijas Republikā ). Section 4 required any existing registration of residence to be cancelled in order to obtain a new registration in Latvia. 36.     Since 1 May 2003 the Aliens Act cited above is no longer in force; it was repealed and replaced by the Immigration Act ( Imigrācijas likums ) of 31 October 2002. The relevant provisions of the new Act read as follows:   Section 1 “The present Act uses the following definitions: 1.     an alien [ ārzemnieks ] – a person who is neither a Latvian citizen nor a “[permanently resident] non-citizen” of Latvia; ...”   Section 23(3) “In cases not covered by the present Act, the temporary residence permit shall be granted by the Minister of the Interior, where the relevant decision accords with the provisions of international law or the interests of the Latvian State, or on humanitarian grounds.” Section 24(2) “In cases not covered by the present Act, the permanent residence permit shall be granted by the Minister of the Interior, where it accords with the interests of the State.” Section 33 (2) “... When the time-limit set down [for submitting an application for a residence permit] has passed, the head of the Directorate may authorise [the person concerned] to submit the [relevant] documents, where such authorisation accords with the interests of the Latvian State, or on grounds of force majeure or humanitarian grounds.” Section 47 “1. Within ten days of establishment of the facts detailed in the first and second subparagraphs of the present paragraph, the [relevant] official of the Directorate shall take a forcible expulsion decision ..., where: (1) the alien has not left the Republic of Latvia within seven days of receiving the deportation order ..., and has not appealed against the order to the head of the Directorate..., or the head of the Directorate has dismissed the appeal; ... 2.     In the cases referred to in the first subparagraph of paragraph 1 of this section, no appeal shall lie against the forcible expulsion decision... ... 4.     In the event of a change of circumstances, the head of the Directorate may set aside a forcible expulsion decision.” D.     General administrative law 37.     Section 360(4) of the Administrative Procedure Act ( Administratīvā procesa likums ), in force since 1 February 2004, provides: “An administrative act may not be enforced if more than three years have elapsed since it became enforceable. In calculating the limitation period, any period during which implementation of the administrative act was suspended shall be deducted.” 38. At the time of the facts reported by the applicant, the relevant provisions of the Regulatory Offences Code ( Administratīvo pārkāpumu kodekss ) read as follows:   Article 187, fourth paragraph “... Use of a passport which has been replaced by a new passport shall be punishable by a fine of up to 100 lati [ approximately 150 euros ].” Article 190(3) “Failure to provide the offices of the Latvian Nationality and Immigration Department ... with the information to be entered in the register of residents within the time allowed shall be punishable by a fine of between 10 and 25 lati [ approximately 38 euros ].” THE LAW I.     THE GOVERNMENT’S PRELIMINARY OBJECTION A.     The parties’ submissions 39.     By letter of 3 February 2005 the Government informed the Court of the practical measures taken by the authorities with a view to regularising the applicant’s stay in Latvia (see paragraphs 29-31 above). They explained that a decision had been taken at the Cabinet of Ministers’ meeting of 2   February 2005 to remedy the applicant’s complaint directly by offering her a permanent residence permit. In view of these measures, the Government considered that the matter giving rise to the case had been resolved and the application should be struck out of the Court’s list of cases in accordance with Article 37 § 1 (b) of the Convention. In that connection, the Government referred in particular to the cases of Pančenko v. Latvia (dec.), no. 40772/98, 28 October 1999, and Mikheyeva v. Latvia (dec.), no.   50029/99, 12 September 2002, in which the Court had held that the regularisation of the applicants’ stay sufficed for them no longer to be able to claim to be victims of a violation of Article 8 of the Convention. 40.     The applicant observed that she did not have all the documents required in order to obtain a permanent residence permit; for instance, she had no document attesting to the lawfulness of her income. She was prepared in principle to “agree to the Government’s proposal”, but solely on condition that the Government provided redress for the damage she had sustained as a result of the alleged violation, and reimbursed the costs and expenses she had incurred in the proceedings before the Court. The applicant claimed an overall sum of 14, 626.86 lati (LVL) in that regard. 41.     In their observations in reply, the Government submitted that the applicant’s stay could not be regularised unilaterally; Mrs Shevanova must actually come forward and demonstrate her wish to obtain the residence permit granted to her. To date, however, the applicant had not taken the steps indicated by the Directorate. As for providing proof of lawful income, the Government furnished a copy of a letter from the head of the Directorate dated 12 May 2005, according to which a written guarantee from the applicant’s son, who was legally resident in Latvia, would suffice for that purpose. As to the sum claimed by the applicant, the Government considered it to be unjustified. B.     The Court’s assessment 42.     The Court considers that in the instant case the objection raised by the Government is closely linked to the question whether the applicant has effectively lost her status of “victim” within the meaning of Article 34 of the Convention as a result of developments since the admissibility decision in the present case. It is true that, in its judgment in Pisano v.   Italy ([GC] (striking out), no. 36732/97, 24 October 2002), the Court examined this question separately from the question of the application of Article 37 § 1 (b), ruling that the applicant could continue to claim the status of “victim”, while going on to decide that the matter had been resolved ( loc. cit., §§   38 ‑ 39). However, the present application concerns the removal of a foreign national and her illegal residence within the national territory; in cases of this type, where the applicant’s stay was regularised during the course of the Court’s examination of the application, the Court has generally considered whether it should continue its examination under Article 34 of the Convention by reference precisely to the notion of “victim” (see, for example, the Pančenko and Mikheyeva decisions, cited above; see also Maaouia v.   France (dec.), no. 39652/98, ECHR 1999 ‑ II; Aristimuño Mendizabal v.   France , (dec.), no. 51431/99, 21 June 2005; and Yildiz v.   Germany (dec.), no. 40932/02, 13 October 2005). The Court considers that in the instant case the Government’s objection should be examined under Articles 34 and 37 taken together, as a finding that the applicant has lost her “victim” status within the meaning of Article 34 of the Convention would prompt the Court to conclude that the matter has been resolved within the meaning of Article   37 § 1 (b). 43.     The Court points out first of all that, in order to conclude in the instant case that the matter has been resolved within the meaning of Article   37 § 1 (b) and that there is therefore no longer any objective justification for the applicant to pursue her application, it is necessary to examine, firstly, whether the circumstances complained of directly by the applicant still obtain and, secondly, whether the effects of a possible violation of the Convention on account of those circumstances have also been redressed (see Pisano , cited above, § 42). Furthermore, in relation to Article 34, the Court has always held that, as a general rule, a decision or measure favourable to the applicant is not sufficient to deprive him of his status as a “victim” unless the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the alleged breach of the Convention (see, among many other authorities, Amuur v.   France , judgment of 25 June 1996, Reports of Judgments and Decisions 1996 ‑ III, p.   846, §   36; Dalban v.   Romania [GC], no. 28114/95, §   44, ECHR 1999 ‑ VI; Labita v. Italy [GC], no. 26772/95, §   142, ECHR 2000 ‑ IV; and Guisset v.   France , no. 33933/96, §   66, ECHR 2000 ‑ IX). 44.     Where the person concerned complains in particular of his or her deportation or illegal status within the country, the minimum steps required are firstly, the setting-aside of the deportation order and, secondly, the issuing or recognition of a residence permit (see the Mikheyeva decision, cited above). However, it is also necessary to ascertain in each case whether these measures are sufficient to fully remedy the complaint in question. 45.     In the instant case the Court observes that, until 1998, the applicant was legally resident in Latvia. In April 1998 her name was removed from the register of residents and she was served with a deportation order. Although the order was never enforced, its existence indisputably placed the applicant in a very uncertain and insecure position in Latvia. Only in January and February 2005, that is, after the present application had been declared admissible by the Court, did the Latvian authorities take practical steps aimed at regularising the applicant’s stay. It is worth noting that almost seven years elapsed between the removal of the applicant’s name from the register and the adoption of the above-mentioned measures. 46.     The Court notes that none of the relevant Latvian authorities explicitly acknowledged the existence of a violation of Article 8 of the Convention. It observes, however, that the Directorate’s letter of 7 January 2005 referred to the Court’s decision on the admissibility of the present application. It therefore accepts that the fact that the applicant’s complaint to the Court was thus taken into consideration could be regarded as implicit acknowledgement of the existence of an issue under Article 8. 47.     That said, and regard being had to all the relevant circumstances of the case, the Court considers that the measures taken by the authorities do not constitute adequate redress for the complaint in question. Admittedly, the Government’s explanations – which have not been disputed by the applicant – make clear that the regularisation arrangements proposed would allow her to live permanently and without hindrance in Latvia. However, that solution does not erase the long period of insecurity and legal uncertainty which she has undergone in Latvia. In sum, while it is true that some redress has been afforded, it is no more than partial (see the Aristimuño Mendizabal decision, cited above, and, mutatis mutandis , Chevrol v. France , no.   49636/99, §   42, ECHR   2003 ‑ III). 48.     The Court further considers that this case differs from the cases of Maaouia, Pančenko, Mikheyeva and Yildiz , cited above, and from the case of Mehemi v. France (no. 2) (no. 53470/99, ECHR 2003 ‑ IV), in which the granting of a residence permit was found to constitute redress. In Maaouia, Mehemi   (no. 2) and Yildiz , the alleged violation of Article 8 stemmed from the removal or deportation of the applicants. In Pančenko and Mikheyeva , the complaints were similar to that of Mrs Shevanova, but the length of the applicants’ illegal residence in the country was appreciably shorter (almost three years in the case of Mrs Pančenko and approximately six years in the case of Mrs Mikheyeva). In the instant case, the alleged violation stems from the insecure and uncertain situation in which the applicant lived for around seven years. In the circumstances, the Court finds that the adverse consequences for the applicant resulting from the circumstances complained of have not been wholly erased. 49.     It follows that, since the authorities have not afforded full redress for the violation alleged by the applicant, the latter can still claim to be a “victim” within the meaning of Article 34 of the Convention. The matter has therefore not yet been resolved and the Court sees no grounds for applying Article 37 § 1 (b) of the Convention. 50.     Accordingly, the Court dismisses the Government’s objection.   II.     ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION   51.     The applicant submitted that the decision to deport her from Latvia constituted unjustified and disproportionate interference with the exercise of her right to respect for her private and family life, as guaranteed by Article 8 of the Convention. The relevant passages of Article 8 provide:   “1.     Everyone has the right to respect for his private and family life... 2.     There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.” A.     The parties’ submissions 1.     The Government 52.     The Government denied that there had been interference with the applicant’s rights under Article 8. They made the point first of all that, in guaranteeing the right to respect for family life, Article 8 presupposed the existence of a “family”. That concept encompassed on the one hand the relationship established by marriage and on the other the relationship between parents and their children. In particular, the latter relationship did not necessarily attract the protection of Article 8 without evidence of further elements of dependency. In the Government’s view, the applicant had not provided evidence of a specific bond of dependency between herself and her adult son. The Government further submitted that, in immigration matters, Article   8 did not entail any general obligation on the part of the State to allow family reunification within its territory. 53.     In the instant case the Government emphasised that, when applying for the status of “permanently resident non-citizen”, the applicant had deliberately concealed the fact that she had obtained Russian citizenship four years previously. The relevant provision of the Non-Citizens Act (see paragraph 33 above), however, was couched in clear terms such that the applicant could not have been unaware that the Act did not apply to persons who had citizenship of another State. The Government further endorsed the findings of the Senate of the Supreme Court to the effect that the right of individuals to have two addresses in two different countries had not been at issue in the case, as the only offence of which the applicant had been accused was of having resided in Latvia without a valid visa or residence permit. 54.     The Government stated in that connection that the main function of the register of residents introduced in 1991 was to identify those persons who were legally and permanently resident in Latvia. Being formally registered in Latvia was a prerequisite for non-nationals wishing to be entered in the register. (The system was a legacy from the Soviet era, when it had been known as propiska ). Under this system, only a single residence could be registered, whether in Latvia or elsewhere. Hence, a registration of residence in another country rendered the person’s registration in Latvia invalid and vice versa . 55.     The Government also observed that, as a Russian citizen, the applicant could have applied to the Latvian authorities for a permanent residence permit under section 23(1) of the Aliens Act, but had not done so. The provision in question had been designed specifically to enable citizens of the former USSR who had acquired citizenship of another State to reside without hindrance in Latvia. Instead of entering an application and having her stay regularised in accordance with the law, the applicant had chosen to flout the law, mislead the Latvian authorities and remain in Latvia illegally. 56.     Even assuming that the measure complained of could be said to amount to interference with the applicant’s rights under Article 8 of the Convention, the Government were satisfied that the said interference fulfilled the requirements of the second paragraph of that Article. Firstly, it had been “in accordance with the law”, having been based on section 38 of the Aliens Act, which was drafted in a sufficiently clear and foreseeable manner and authorised the Directorate or its head to issue a deportation order in respect of a non ‑ national illegally resident within Latvian territory. 57.     Secondly, the interference had pursued at least two “legitimate aims” within the meaning of Article 8 § 2 of the Convention, namely the prevention of crime and the prevention of disorder. The Government observed that the primary function of the register of residents was to identify those persons who were resident in Latvia on a legal and permanent basis and towards whom the State might have certain obligations, for instance in the social-security sphere. In such circumstances, the State and society had an interest in ensuring that illegal residents did not benefit from rights and guarantees to which they had no entitlement. Moreover, the objectives of the impugned measure had been linked to the overall objectives of immigration legislation, which included the protection of national security, individual citizens and the democratic system. 58.     Lastly, the Government replied in the affirmative to the question whether the impugned measure had been “necessary in a democratic society” in order to achieve the aim pursued. In their view, the expulsion of an alien for contravening the immigration legislation was a measure generally accepted in the domestic law of the Contracting States. Equally, in the present case, the interference at issue had been examined at every level of the courts, which had subjec