CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 12 janvier 2021

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page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sF9B3189B { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify } .s4B8D41EE { font-family:Arial; font-size:10pt } .s2CE7C1B9 { font-family:Arial; font-size:10pt; font-style:italic } .sB6D33163 { font-family:Arial; font-size:10pt; text-decoration:underline; color:#0069d6 } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 }     SECOND SECTION CASE OF KHAN v. DENMARK (Application no. 26957/19)     JUDGMENT Art 8 • Expulsion • Respect for private life • Expulsion order with a re-entry ban of six years • Existence of very serious reasons for expelling settled migrant who had spent whole life in the host country and despite being sentenced only to three months’ imprisonment, in light notably of nature of offence and long history of serious and violent criminality • No minimum requirement as to sentence or seriousness of crime resulting in expulsion • Proportionality duly assessed by Supreme Court in light of Court’s case-law   STRASBOURG 12 January 2021   FINAL   31/05/2021     This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Khan v. Denmark, The European Court of Human Rights (Second Section), sitting as a Chamber composed of:   Marko Bošnjak, President,   Jon Fridrik Kjølbro,   Aleš Pejchal,   Egidijus Kūris,   Branko Lubarda,   Pauliine Koskelo,   Saadet Yüksel, judges, and Stanley Naismith, Section Registrar, Having regard to: the application (no.   26957/19) against the Kingdom of Denmark lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Pakistani national, Mr Shuaib Khan (“the applicant”), on 15 May 2019; the decision to give notice of the application to the Danish Government (“the Government”); the parties’ observations; Having deliberated in private on 24 November 2020, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The applicant is a Pakistani national who was born in Denmark in 1986. He has a criminal record and was once subject to a conditional expulsion order. By a final Supreme Court judgment of 20   November 2018, the applicant was convicted, inter alia , of threatening a police inspector on duty. He was sentenced to 3   months’ imprisonment and an order for expulsion with a ban on re-entry for 6 years was imposed on him. 2.     The applicant complained that the order expelling him from Denmark was in breach of Article 8 of the Convention. THE FACTS 3.     The applicant was born in 1986. His residence is unknown. He was represented by Michael Juul Eriksen, a lawyer practising in Aarhus. 4.     The Government were represented by their Agent, Mr Michael Braad, from the Ministry of Foreign Affairs, and their Co-Agent, Mrs Nina Holst-Christensen, from the Ministry of Justice. 5.     The facts of the case, as submitted by the parties, may be summarised as follows. 6.     The applicant was born in Denmark, where his parents and four siblings also live. He does not have a family of his own. 7.     The applicant has had a criminal record since 2003. He has been convicted on thirteen occasions, as set out below. Moreover, he was the leader of a gang called Loyal to Familia (henceforth LTF). Subsequent to the events giving rise to the present case, by a judgment of 24 January 2020 the said gang was dissolved by a City Court, which found that it had an unlawful purpose and was functioning by means of violence. The appeal proceedings are currently pending before the High Court of Eastern Denmark ( Østre Landsret ). 8.     By a judgment of the Copenhagen City Court of 19 June 2003, the applicant was sentenced to a fine of 3,000 Danish Kroner (DKK) for possession of an illegal knife in a public place. 9.     By a judgment of the Copenhagen City Court of 13 October 2003, he was sentenced to 4 day fine units of DKK 125 for causing criminal damage. 10.     The applicant reached the age of majority in 2004. 11.     By a judgment of the Copenhagen City Court of 27 June 2006, he was convicted of driving without a valid driving licence on several occasions, illegal possession of weapons, attempted prevention of a third person’s arrest by the police and calling the police “HIPO swine”, and was sentenced to 20 days’ imprisonment and a fine of DKK 35,000. 12.     By a District Court judgment of 18 January 2007, he was convicted of violence, which occurred during outdoor exercise in the Western Prison ( Vestre Fængsel ) when he assaulted another inmate, and was sentenced to imprisonment for a term of 60 days. 13.     On 14 May 2008 he accepted a penalty amounting to DKK   3,000 issued on 31 March 2008 for possession of 9.4 grams of marijuana for personal use. 14.     By a District Court judgment of 8 October 2008, he was convicted of two counts of aggravated violence as a repeat violent offender, one of the counts relating to fatal violence. He was sentenced to 8 years’ imprisonment. The request for expulsion was dismissed. 15.     By a District Court judgment of 4 February 2010, he was convicted of unlawful possession of a mobile telephone in prison and was sentenced to 7   days’ imprisonment. 16.     By a District Court judgment of 9 February 2010, he was disqualified from driving for 3 years from the date of the final judgment. No supplementary penalty was imposed. 17.     By a District Court judgment of 28 June 2011, he was convicted of unlawful possession of a mobile telephone in prison and was sentenced to 10 days’ imprisonment. 18.     By a District Court judgment of 3 October 2012, he was convicted of unlawful possession of a mobile telephone in prison and was sentenced to 14   days’ imprisonment. 19.     By a judgment of the Copenhagen City Court of 27 November 2013, he was convicted of possession of 1.25 grams of marijuana and of driving without a valid driving licence on several occasions and was sentenced to 10   days’ imprisonment and a fine of DKK 63,000. He was disqualified from driving for 3 years from the date of the final judgment. 20.     By a District Court judgment of 21 December 2013, he was convicted of aggravated violence as a repeat violent offender, and theft, and was sentenced to 3 years and 6 months’ imprisonment. The request for expulsion was dismissed. 21.     By a judgment of the Copenhagen City Court of 20 March 2015, he was convicted of aggravated violence as a repeat violent offender for having assaulted a person jointly with six accomplices during outdoor exercise in prison. He was sentenced to 6 months’ imprisonment and issued with a suspended order on expulsion from Denmark with a two-year probation period. Upon appeal the judgment was upheld by the High Court of Eastern Denmark on 23 September 2015. 22.     The applicant was released in March 2017. 23.     In July 2017, due to an ongoing violent conflict between LTF and another gang, which included the use of firearms, the police established stop-and-frisk zones, inter alia, at Blaagaard Square in Copenhagen, in order to guarantee the security and safety of local residents. 24.     On 25 August 2017 the applicant was charged with a violation of Article   119(1) of the Penal Code ( straffeloven ) in that, in his capacity as a leading member of the LTF, at midnight on 31 July 2017, in the stop ‑ and ‑ frisk zone on Blaagaard Square, he had threatened a police inspector on duty with violence. He was also charged with staying in Denmark without the requisite permit ‑ see section 59(2) of the Danish Aliens Act ( udlændingeloven ) – because he had not applied for renewal of his residence permit on its expiry on 3 November 2010, only applying for it on 18 September 2015. The applicant’s residence permit had been renewed on 10 April 2017 for a period ending on 10 April 2021. 25.     On 24 August 2017, for the purposes of the court proceedings, the Danish Immigration Service ( Udlændingestyrelsen ) gathered information concerning the applicant’s personal circumstances and drew up an assessment of whether the prosecution should refrain from submitting a request for expulsion in view of Denmark’s international obligations. It stated, inter alia , the following: “... As regards the issue of whether a decision to expel the applicant may be considered with certainty to be contrary to Denmark’s international obligations, the Danish Immigration Service refers to the police report of 17 May 2013. No new interview has been held with [the applicant] for the purpose of this case as [his] counsel has stated that [the applicant] does not find it necessary to give new information about his personal circumstances. Consent has been given to the presentation of the previous report in connection with this case. The police report of 17 May 2013 states, inter alia , the following: [the applicant] was born in Denmark ... in 1986. He is a Pakistani national. [the applicant] has stated that his parents and 4 of his siblings live in Denmark. In addition, he has a sister who now lives in the United Kingdom and a sister who lives in Sweden. [the applicant] has stated that he has no ties with Pakistan. He has stated that he speaks broken Pakistani Punjabi and that he cannot read the language. [the applicant] has stated that he has visited Pakistan 2-3 times, most recently in 2007. [the applicant] finished the ninth grade of the Danish primary and lower secondary school. He stated that he had subsequently started several education programmes, although he did not complete any of them. While serving previous sentences he took classes in Danish, English and social studies and completed the individual subject studies with good marks. ... Opinion on the issue of expulsion ... Based on the information given by the Prosecution Service concerning the nature of the crime and concerning the circumstance that the person in question is expected to be sentenced to a prison term measured in months, read with the considerations mentioned in section 26(2) of the Aliens Act, the Danish Immigration Service concurs in the recommendation of the Prosecution Service regarding the issue of expulsion. The Danish Immigration Service observes that it concurs in the recommendation regardless of whether [the applicant] is sentenced to imprisonment for a term of up to 3   months or to imprisonment for a term exceeding 3 months but less than 1 year. Simultaneously, the Danish Immigration Service specified that on 23   September 2015 the person in question was issued with a suspended expulsion order accompanied by a two-year probation period. Pursuant to section 24b(3) of the Aliens Act, an alien issued with a suspended expulsion order under section 24b(1) of the Aliens Act must be expelled unless it is ascertained that such expulsion would be contrary to Denmark’s international obligations if, during the probation period of the suspended expulsion order, the person in question commits another offence that may give rise to expulsion under sections 22 to 24 and court proceedings are initiated before the expiry of the probation period. If it is not possible to issue an expulsion order, see section 26(2), the alien must be issued with a new suspended expulsion order. The probation period must be determined according to the rules in subsection (2). ...” 26.     On 12 September 2017, the Prosecution Service asked the Danish Immigration Service for a supplementary opinion on the applicant’s nationality. The opinion of 15 September 2017 states, inter alia , the following: “... [the applicant] has previously held a Pakistani national passport. According to the information available to the Danish Immigration Service, [the applicant] was issued with re-entry permits on 25   September 2002 and 30 November 2004, respectively, and both permits were stamped in the national passport of the person in question. It was stated in the application that he was a Pakistani national. Furthermore, [the applicant] lodged an application for permanent residence on 30 November 2004. When lodging the application, [the applicant] presented his Pakistani national passport issued on 7 September 2001 at the Pakistani Embassy in Copenhagen, passport no. [xxx], valid until 6 September 2006. In the application form, [the applicant] stated himself that he is a Pakistani national and that his native language is Pakistani Punjabi. ...” 27.     On 3 October 2017, the Danish Immigration Service sent a supplementary opinion to the Prosecution Service on the length of the applicant’s lawful residence in Denmark. That opinion includes the following passage: “... Under section 27(5) of the Aliens Act, the time that an alien has spent in custody prior to subsequent conviction or served in prison or has been subject to another criminal sanction involving or allowing deprivation of liberty for an offence that would have resulted in imprisonment is not included in the period calculated under section 27(1) of the Aliens Act. According to the information provided by the Prosecution Service, [the applicant] has served a total of 3,644 days, which correspond to approx. 10 years (9 years, 11   months and 29 days). When the period calculated under section 27(5) has been deducted, [the applicant] has been lawfully resident in Denmark for approx. 20 years and 10 months. ...” 28.     By a judgment of 9 October 2017, the Copenhagen City Court found the applicant guilty as charged and sentenced him to three months’ imprisonment and a fine of DKK 12,200. In addition, the applicant was issued with a suspended expulsion order accompanied by a two-year probation period. 29.     As regards the conviction under Article 119(1) of the Penal Code and the sentence, the City Court stated as follows: “It is uncontested and accepted as facts that [the applicant] is the leader of the Loyal to Familia (LTF) group and that [the applicant] and several other persons affiliated with the LTF were at the scene at the material time, where [the applicant] and the other persons were frisked by the police as they were in a stop-and-frisk zone. Based on [the applicant’s] statement at the preliminary statutory hearing on 12 August 2017, compared with evidence given by police inspector [K.B.] and police constable [P.F.], it has been established that, in connection with or following his frisking, [the applicant] turned to police inspector [S.E.] and said that he had an attitude issue or something similar. Based on the evidence given by police inspectors [S.E.] and [K.B.] and police constables [M.O.] and [P.F.] as well as [V.M.], it has also been established that, surrounded by the other LTF affiliates, [the applicant] turned to police inspector [S.E.] and said to the other LTF affiliates, ‘Remember his face’ or something similar, after which [the applicant] said, again aimed at the police inspector, ‘Watch out’, ‘Watch out carefully’ and ‘Watch your back’ or something similar while at least one of the LTF affiliates present took a photo of the police inspector. Based on the testimonies, it has also been established that [the applicant’s] voice and entire attitude were threatening, including pointing at the police inspector, and that there was a tense atmosphere between the police on the one hand and [the applicant] and the other LTF affiliates on the other. When determining the term of imprisonment for count 1, the Court attached importance to the comments that had been made against a police inspector doing his duty in a stop-and-frisk zone which had been established consequently to an ongoing armed conflict between two gangs, the defendant being the leader of one of the gangs. Furthermore, the Court attached importance to the implication of the comments as [the applicant], being the gang leader, encouraged the gang members to remember the police inspector’s face, thereby exposing the inspector to a particular risk also in relation to the other gang members. Finally, the Court attached importance to [the applicant’s] several prior convictions for serious violent offences and the circumstance that the offence was committed shortly after the defendant’s most recent release in March 2017.” 30.     As regards the expulsion claim, the City Court stated: “[The applicant] is 30 years old and was born and raised in Denmark. The Danish Immigration Service considers him a Pakistani national, and he has been granted temporary residence in Denmark. According to the Danish Immigration Service, he has been lawfully resident in Denmark for approximately 20 years and 29 days. [The applicant] has now been sentenced to imprisonment for a term of three months for violation of Article 119(1) of the Penal Code. The offence was committed during the probation period for the suspended expulsion order issued in connection with the judgment of 23 September 2015 in the appeal proceedings before the High Court of Eastern Denmark. Accordingly, it follows from section 22(1)(vi) and section 24b(3), cf. section 26(2), of the Aliens Act that the defendant must be expelled unless it is ascertained that it would be contrary to Denmark’s international obligations. [The applicant] is not married and has no live-in partner, and he has no children. As he was born and raised in Denmark, expulsion would interfere with his right to private life: see Article 8(1) of the European Convention on Human Rights. Such interference is justified only if the conditions of Article 8(2) have been met. Expulsion is in accordance with the law, is aimed at preventing disorder or crime, and it is decisive whether expulsion is considered necessary for this purpose. This is based on a proportionality test. [The applicant] has several prior convictions, including for serious violent offences. In 2008 he was sentenced to eight years’ imprisonment, inter alia for fatal aggravated violence. In 2013, he was sentenced to a concurrent sentence of three years and six months, inter alia for aggravated violence, and in 2015 he was sentenced to six months’ imprisonment, also for aggravated violence. In all three cases, expulsion or suspended expulsion was requested, which was only allowed by the judgment in 2015 by which he was issued with a suspended order on expulsion. Based on [the applicant’s] statement, the Court accepts as facts that his parents and four of his siblings live in Denmark. His other two siblings live in the United Kingdom. His siblings and their children all have Danish nationality. His father and mother arrived in Denmark in the 1970s. All his family members live in Denmark or the United Kingdom. He attended kindergarten and school in Denmark and finished the ninth grade of the Danish primary and lower secondary school. When he turned 18, he was not granted permanent residence and could therefore not apply for Danish nationality. Furthermore, based on [the applicant’s] statement, the Court accepts as facts that he has no family or friends in Pakistan and that he only speaks broken Pakistani Punjabi. He has been to Pakistan twice on brief holidays together with his parents, most recently in 2007. As [the applicant] was born and raised in Denmark, very serious reasons are required in order to expel him. The defendant has now been sentenced to imprisonment for a term measured in months for verbal threats against a police inspector. The offence arose spontaneously following a frisk and had been completely unplanned. According to the information received, his ties with Pakistan are limited. Against this background and based on an overall assessment, the Court finds that there is no basis for expulsion regardless of the prior criminal activities of which he has been found guilty. Accordingly, it follows from section 24b(1) of the Aliens Act that the defendant must be issued with a suspended expulsion order accompanied by a two-year probation period.” 31.     The applicant, who had been held in pre-trial detention since 11   August 2017, was released on 9 October 2017. It appears that he left Denmark shortly afterwards. 32.     On appeal, on 5 March 2018 the High Court of Eastern Denmark upheld the judgment, although it reduced the prison sentence to 60   days. The High Court conducted a thorough examination of the Court’s case-law, and stated, among other things: “...very serious reasons are required to justify expulsion of a settled alien who was born in the country ... [the applicant] has several prior convictions entailing long prison sentences. He has, inter alia , served approximately ten years in prison, in particular for violent crimes, and despite a prior suspended order on expulsion, he has committed criminal offences during the probation period. Based on his many convictions over the years and his personal circumstances, including his strong ties with the LTF ..., there is reason to assume that he will also commit criminal offences in Denmark in future if he is not expelled ... Regardless of the seriousness of the criminal offences recently and previously adjudicated, the High Court finds, based on an overall assessment, including [the applicant’s] very limited ties with Pakistan, that expulsion and a six-year re-entry ban cannot be considered a proportionate sanction for the purpose of preventing crime and maintaining public order ...” 33.     On appeal, the Supreme Court of Denmark ( Højesteret ) held in its judgment of 20 November 2018 that the sentence should be increased to three months’ imprisonment, while the fine of DKK 12,200 should be upheld. In addition, the applicant was expelled unconditionally and banned from re-entry for a period of six years. 34.     As regards the applicant’s affiliation with the LTF, the Supreme Court made the following observations: “It is uncontested that [the applicant] is the leader of the Loyal to Familia (LTF) gang. The following appears from the description of the group by the police in a memorandum of 25 October 2017: 4. Distinctive features of the group members: The members of the group often use clothing, insignia, signs, colours or tattoos to show their group affiliation or membership. ... The structure of the group is hierarchical, and the leader carries the designation El Presidente. Other leading members carry the designation National on their back patches; the remaining members carry the name of the town or district to which they belong. Since the setting up of the group in mid-January 2013, the LTF has done significant profiling in the form of frequent manifestations. ... 5. Information about the crimes of the group members Groups characterised by the police as perpetrators of organised crime are typically linked to certain types of criminal offences. Based on information from the Central Criminal Register ( Kriminalregistret ), members of this group are often linked to criminal offences with the following distinctive features:   Criminal offences: YES (mark with an X) NO (mark with an X) Violence against witnesses, threats, etc. (article 123 of the Penal Code) X   Causing of explosions (article 183 of the Penal Code)   X Homicide or attempted homicide (article 237 of the Penal Code) X   Violence (articles 244 to 246 of the Penal Code) X   Drug trafficking or drug dealing (article 191 of the Penal Code) X   Threats (article 266 of the Penal Code) X   Possession of firearms, etc., in particularly aggravating circumstances (article 192a of the Penal Code) X   Aggravated criminal damage (article 291 of the Penal Code) (for example targeted at another criminal group)   X Arson (articles 180 to 181 of the Penal Code) (for example targeted at another criminal group)   X Crime committed jointly in several instances X   Cross-district border crime in several instances X   Crime rooted at local level in several instances X     6. Information about relations to other groups Since March 2017, the group has been involved in conflicts with the Brabrand Group in Aarhus, the Black Army in Odense and the Brothas in Copenhagen. According to the police report of 16 August 2018, the police take the view that [the applicant] went to Spain at the end of November 2017, and that he continues to reside outside Denmark, but is still the acting leader of the LTF.” 35.     As regards the expulsion order, the majority of the Supreme Court judges (6 of 7 judges) stated as follows: “... Expulsion [The applicant] has been sentenced to imprisonment for violating article 119(1) of the Penal Code, and section 22(1)(vi) of the Aliens Act provides the statutory basis for expulsion. The violation of article 119(1) of the Penal Code occurred during the 2-year probation period for the suspended expulsion order with which he was issued by judgment of the High Court of Eastern Denmark on 23 September 2015. The charge was brought during the probation period, which has been running since the release on 21   March 2017. According to the provision then in force in section 24b(3), cf. section   22(1)(vi), cf. section 32(3), of the Aliens Act, [the applicant] must therefore be issued with an expulsion order with a six-year re-entry ban, unless it is ascertained that expulsion is contrary to Denmark’s international obligations. The expulsion of [the applicant], who has not founded a family of his own, would be an interference with his right to respect for his private life under Article 8(1) of the European Convention on Human Rights. Under Article 8(2), there shall be no such interference except such as is in accordance with the law and is necessary in a democratic society in the interests of, inter alia , the prevention of disorder or crime. According to the case-law of the European Court of Human Rights, the decision on the issue of the necessity of the interference in the interests of its legitimate purpose must be made on the basis of a proportionality test that includes a number of criteria. The weight of each criterion depends on the specific circumstances of each case. If the alien is a man who has not yet founded a family of his own, particular weight should be attached to the nature and seriousness of the crime committed and his social, cultural and family ties with the host country and the country of nationality. If he was born and raised in the host country, there must in any case be very serious reasons to justify expulsion, see, inter alia , the Court’s judgment on application No.   1638/02 ( Maslov v.   Austria ) of 23 June 2008. [The applicant] is 32 years old and a Pakistani national. He was born in Denmark and has lived in Denmark his entire life, and his parents and siblings also live in Denmark. He has no education or training except the Danish primary and lower secondary school, and he has never had a job. According to information held by the police, [the applicant] has resided outside of Denmark for a year or so, and his counsel for the defence has stated that he has no knowledge of [the applicant’s] current place of residence. As stated in the judgment of the High Court, [the applicant] has several convictions for, inter alia , crimes against persons, committed after he turned eighteen. ... Thus, [the applicant] has been sentenced to imprisonment several times for serious violent offences, including one offence of aggravated fatal violence. In total, he has been imprisoned for approximately ten years. The current count of threatened violence against a police inspector on duty relates to an offence committed approximately four months after his release from the prison term served under the most recent judgment and during the probation period for the suspended expulsion order. We find that although [the applicant] is poorly integrated into Danish society, his ties with Denmark are significantly stronger than his ties with Pakistan where, according to the information received, he has only stayed for holidays, most recently in 2007. However, he is not unqualified for managing in Pakistan. According to the information put forward for the High Court’s consideration of this case, it is accepted as a fact that he speaks Pakistani Punjabi well and clearly intelligibly. In addition, he is familiar with Pakistani culture and customs, particularly because of his adolescence with his parents. His family owns, inter alia , a house in the village of Mirza Tahir in the Gujrat Province of Pakistan where Punjabi is the local language, and it must be presumed that his parents have maintained strong ties with Pakistan. In addition, according to [the applicant’s] Pakistani ID card, which was found during a search on 18   September 2018, an address in Mirza Tahir was stated as his permanent address. We find that, through his conduct for many years, [the applicant] has demonstrated an unwillingness to integrate into Danish society as, despite prior convictions for serious violent offences and a warning of the expulsion risk, he has continued his criminal conduct and is the leader of a gang that is known for serious violent offences. We also find that there is reason to assume that he will also commit violent offences in Denmark in future if he is not expelled. Therefore, even though the most recent offence, which concerns threats of violence against a police inspector on duty, only attracted a three-month prison term, it is necessary to expel him in the interests of public safety and for the prevention of disorder or crime. For the proportionality test, we also attached importance to the circumstance that the expulsion of [the applicant] is combined with a six-year re-entry ban; see section   32(3) of the Aliens Act. Against this background, we find that the expulsion of [the applicant] will not constitute an infringement of his right to respect for his private life according to Article 8 of the European Convention on Human Rights, and expulsion is therefore not contrary to Denmark’s international obligations. We therefore vote in favour of the claim for expulsion combined with a six-year re-entry ban; see the provision, applicable at the time, in section 24b(3), cf. section 22(1)(vi), cf. section 32(3), of the Aliens Act.” 36.     A minority of one judge of the Supreme Court judges stated the following: “ Expulsion [The applicant] has been sentenced to imprisonment for threats falling within Article   119(1) of the Penal Code. As the majority have discussed in detail, it follows from the Aliens Act that [the applicant] must be issued with an expulsion order combined with a six-year re-entry ban unless expulsion is most certainly contrary to Denmark’s international obligations under Article 8 of the European Convention on Human Rights. As mentioned by the majority, the decisive issue is whether the expulsion of [the applicant] is necessary in a democratic society for the prevention of disorder or crime; see Article 8(2) of the European Convention on Human Rights. Whether expulsion is ‘necessary’ is determined by a proportionality test. In the judgment in Maslov v. Austria of 23 June 2008, the European Court of Human Rights established criteria for the purpose of such proportionality test. The test must include the societal need for expulsion, in particular considering the nature of the crime which the person in question has committed now and previously, as well as the length of his stay in Denmark and in the country of origin and the strength of the family, social and cultural ties with Denmark and the country to which he is to be expelled. As mentioned by the majority, there must be very serious reasons to justify the expulsion of a person who was born and raised in Denmark. The reason why I disagree with the majority as to whether the expulsion of [the applicant] is contrary to Article 8 of the European Convention on Human Rights is that I believe that the crime most recently committed by him (the threats issued against a police inspector in connection with frisking) is not sufficiently serious to make his expulsion proportionate in the current circumstances. My reasoning is therefore as follows: [The applicant] is 32 years old and was born and raised in Denmark. According to information received, he passed the examinations in the individual subjects Danish, English and social studies (during imprisonment) after the ninth grade of the Danish primary and lower secondary school, but he has never had any connection with the general Danish labour market. His parents and several siblings (four of whom are Danish nationals) live in Denmark. It has not been accepted as a fact that he is not permanently resident in Denmark. It is uncontested that [the applicant] has only been to Pakistan on holiday on very few occasions, most recently over ten years ago. He has no family members who live in Pakistan. He speaks Pakistani Punjabi, but according to his own information, he cannot read the language. According to a police report of 2013 (put forward in connection with these proceedings), his family living in Denmark own a house in a village in the Punjab region of Pakistan where Punjabi is a local language. The High Court considered it a fact that his father is a co-owner of at least one plot of land in that town. The Pakistani ID card referred to by the majority was issued to [the applicant] in November 2017. The residential address stated on the ID card is the address in Copenhagen recorded in the Central National Register, and an address in the above village in Pakistan is given as the ‘permanent address’. In an opinion to the Prosecution regarding the ID card, the Danish Immigration Service stated that according to a letter of 26 April 2017 from the Pakistani Embassy to the Danish Immigration Service, [the applicant] had not been registered in the local register in Pakistan and therefore did not have a Pakistani ID card, which was the reason why a Pakistani nationality passport could not be issued to him. In my opinion, the information received does not provide any basis for presuming that the circumstance that a Pakistani national holds a Pakistani ID card and therefore must state a ‘permanent address’ in itself reflects genuine ties with Pakistan other than the wish to have a nationality passport issued. In my opinion, there is no basis for presuming that [the applicant’s] strong ties with Denmark and weak ties with Pakistan have changed significantly compared to the situation presumed to have been accepted as a fact in prior legal proceedings in which a claim for expulsion was filed on account of criminal offences. The fact that, according to information received, he must be presumed to speak a local language in the Punjab region better than ‘brokenly’, as previously stated by him to the immigration authorities, does not change that finding. The knowledge that he is the leader of the Loyal to Familia group (according to information received since 2013) was also taken into account in the prior legal proceedings 2013 and 2015 concerning the issue of expulsion. [The applicant] has now been convicted of one count of threats which were, in my opinion, in the form of a spontaneous - not previously planned - reaction to the specific way in which the frisking was being performed. Therefore, only a short sentence of imprisonment is fixed for that offence. [The applicant] has several prior convictions for serious violent offences. The majority have given a detailed account of the previously committed crime. According to the description, I find part of that crime abominable. However, that does not change the fact that [the applicant’s] most recently committed crime is of a less serious nature and only attracted a short term of imprisonment. In my opinion, a ‘minimum requirement’ must be presumed also to apply to the seriousness of the most recently committed crime, to justify the expulsion of a person who was born and raised in Denmark and has only limited ties with the country to which he is to be expelled. Thus, the crime for adjudication is generally required to reflect a certain degree of seriousness regardless of the nature of the crime previously committed by the alien. I refer, inter alia , to para. 25 of the judgment delivered by the European Court of Human Rights on 27 April 2010 concerning application no.   53080/07, Miah v.   the United Kingdom , which states, inter alia , that the alien’s sentence of imprisonment for one year for the last in a series of offences was ‘at the lower end of the scale to which a presumption in favour of deportation would apply’. The preparatory notes to the most recent amendment of the expulsion rules of the Aliens Act do in fact establish guidelines that are based on case-law of the European Court of Human Rights saying that aliens who were born and raised in Denmark can generally be expelled only if they have been sentenced to imprisonment for a term of at least one year and on the condition that they have certain minimum ties with the country to which they are to be expelled. According to the preparatory notes, it is generally a condition for expulsion in case of a sentence close to imprisonment for a term of one year that the person in question has previously been convicted and sentenced to imprisonment. It transpires clearly from the preparatory notes that a person’s expulsion cannot necessarily be ruled out even if the conditions listed have not been met, but in my opinion, the said guidelines tally with my presumption that certain minimum conditions apply to the seriousness of the most recent crime. One could ask why it is that important to maintain that the seriousness of the most recent offence must also be of a certain degree. In my opinion, that is, inter alia , because of the risk which would otherwise exist that in reality an expulsion order may appear as a reversal of an enforceable judgment (which might not have been appealed against) determining that the crime previously committed could not justify expulsion. As the question of whether expulsion constitutes an infringement of Article 8 of the European Convention on Human Rights always depends on a specific proportionality test, the same minimum requirement cannot apply to the seriousness of the most recent crime committed in all cases. For example, the connection between the most recent crime and prior crime may play a role. In [the applicant’s] case, I attached importance to the fact that the crime for which he has now been found guilty was a spontaneous and not previously planned reaction to an acute situation and, as already mentioned, only attracted a sentence of imprisonment for a short term. In my opinion, his most recent offence cannot be seen as a continuation of an established regular criminal pattern, nor is it a part of the conflict between the Loyal to Familia group and other groups. There seems not to be any case-law of the European Court of Human Rights according to which the Court has accepted the expulsion of an alien who was born and raised in the country of residence and only has limited ties with the country to which he is to be expelled and where his most recent offence carried a sentence of imprisonment for a term as brief as in this case. Considering, inter alia , the theoretical risk that I have explained, I accept as a fact that the seriousness of [the applicant’s] crime in the case under adjudication cannot be sufficient to justify his expulsion in the current circumstances, although it is combined with a re-entry ban for only six years. Thus, I conclude that, within the meaning of the Aliens Act, it is most certainly contrary to Article 8 of the European Convention on Human Rights to issue [the applicant] with an expulsion order combined with a six-year re-entry ban.” 37.     Subsequently, by a judgment of 24 January 2020, the City Court of Copenhagen, dissolved Loyal to Familia, finding that it was an association with an unlawful purpose and functioning by means of violence. The following appears from the judgment: “... B. Is Loyal to Familia an association? Based on the evidence produced, the Court accepts as a fact that an organisation chart and lists of names, civil registration numbers, etc., discovered during a search of [M.S.]’s place on 12 March 2013 prove that Loyal to Familia, which had been represented in the media by [the applicant] several times at that point, has had a regular and hierarchical structure as from early 2013. Accordingly, it appears from the organisation chart that the members were organised into general management and subgroups, which were confined, at least partly, to the geographic areas of Blaagaard Square, the Tingbjerg neighbourhood and the towns of Skovlunde and Kokkedal. It further appears from the organisation chart that “Shebi” was a central person to the general management of Loyal to Familia. The Court accepts as a fact that “Shebi” is identical with [the applicant], and it has not been disputed in these proceedings that [the applicant] is the leader of Loyal to Familia, as was also accepted as a fact by the Supreme Court in its judgment of 20 November 2018. ... C. Does Loyal to Familia have an unlawful purpose, and does the association employ violence to pursue its objects: see section 78(1) and (2) of the Danish Constitution ( grundloven )? ... Based on the testimonies of, inter alia , an expert of forensic psychology [M.S.], a police constable [B.G.], another police constable [R.N.] and a former imam [A.I.], the Court accepts as a fact that the very purpose of founding Loyal to Familia in 2013 and of expanding it from 2013 to 2018 was to gain control of the criminal markets in the areas into which Loyal to Familia was expanding. Based on the evidence, including the testimonies of [H.M.], [T.G.] and [N.K.], and the contents of the witnesses’ notes and reports of 4 September 2013, 20 June 2017, 8 September 2017 and 25   January 2018, it is also accepted as a fact that the armed conflicts between Loyal to Familia and the gangs of the Værebro Group, the Brothas, the Allerød Group, the Black Army and the Brabrand Group from 2013 to 2017, which caused several deaths and injuries, occurred in an armed battle to gain control of the marijuana markets in the districts of Nørrebro and Copenhagen Northwest around the social housing estate of Mjølnerparken and the Tingbjerg neighbourhood and in the distressed neighbourhoods of Skovlunde, Køge, Hillerød, Allerød, Helsingør, Kokkedal, Nivå, Northern and Western Aarhus as well as other areas. The issue to be determined by the Court is whether it can be accepted as a fact beyond any reasonable doubt that the Loyal to Familia association as such took part in this armed conflict and that the association’s management initiated the expansion of Loyal to Familia as from 2013 to gain control of the criminal markets. For a clarification of this issue, reference is made to the above paragraph on the reason why Loyal to Familia constitutes an association falling within section 78 of the Constitution. In this respect, the Court attaches importance, inter alia , to the contents of the handwritten note under the headline of “LTF values” giving keywords such as “Group 2: Defence/Attack” and to the rules discovered on a telep