SUDITA KEITA v. HUNGARY JUDGMENT private and/or family life (see Aristimuño Mendizabal v. France, no. 51431/99, § 66, 17 January 2006, and B.A.C. v. Greece [no. 11981/15, § 35, 13 October 2016]). In particular, if a residence permit allows the holder to reside within the territory of the host country and to exercise freely there the right to respect for his or her private and family life, the granting of such a permit represents in principle a sufficient measure to meet the requirements of Article 8. In such cases, the Court is not empowered to rule on whether the individual concerned should be granted one particular legal status rather than another, that choice being a matter for the domestic authorities alone (see Ramadan v. Malta, no. 76136/12, § 91, ECHR 2016 (extracts), and cases cited therein). 122. Having said that, the Court reiterates that measures restricting the right to reside in a country may, in certain cases, entail a violation of Article 8 of the Convention if they create disproportionate repercussions on the private or family life, or both, of the individuals concerned (see Maslov, cited above, § 100, and Kurić and Others, cited above, § 355). Moreover, the Court has held that in some cases ... Article 8 may involve a positive obligation to ensure an effective enjoyment of the applicant’s private and/or family life (see paragraphs 119-120 above). In this connection, it is helpful to reiterate that the boundaries between the State’s positive and negative obligations under Article 8 do not lend themselves to precise definition. The applicable principles are nonetheless similar. In both instances regard must be had to the fair balance which has to be struck between the general interest and the interests of the individual; and in both contexts the State enjoys a certain margin of appreciation (see, amongst many other authorities, Fernández Martínez v. Spain [GC], no. 56030/07, § 114, ECHR 2014 (extracts), and B.A.C. v. Greece, cited above, § 36). 123. The positive obligation under Article 8 may be read as imposing on States an obligation to provide an effective and accessible means of protecting the right to respect for private and/or family life (see Roche v. the United Kingdom [GC], no. 32555/96, § 162, ECHR 2005‑X, and Abuhmaid, cited above, § 118, with further references; see also Kurić and Others, cited above, § 358). Article 8 requires, amongst other things, a domestic remedy allowing the competent national authority to deal with the substance of the relevant Convention complaint and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they conform to such an obligation (see Abuhmaid, cited above, § 118)”. (b) Application of these principles to the present case 32. In view of the nature of the applicant’s complaint and the fact that it is primarily for the domestic authorities to ensure compliance with the relevant Convention obligation, the Court considers that the principal question to be examined in the present case is whether, having regard to the circumstances as a whole, the Hungarian authorities, pursuant to Article 8, provided an effective and accessible procedure or a combination of procedures enabling the applicant to have the issues of his further stay and status in Hungary determined with due regard to his private-life interests (see, mutatis mutandis, Hoti, cited above, § 124, with further references). 33. In this respect, the Court notes that the applicant has been living in Hungary since 2002 with no recognised status in any other country (see paragraphs 5-22 above). He has been living together with his Hungarian girlfriend since 2009 and has also completed a vocational training course 7

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