16
K2 v. THE UNITED KINGDOM DECISION
expulsion of aliens. The Convention does not guarantee the right of an alien
to enter or to reside in a particular country and, in pursuance of their task of
maintaining public order, Contracting States have the power to expel an
alien convicted of criminal offences. However, their decisions in this field
must, in so far as they may interfere with a right protected under
paragraph 1 of Article 8, be in accordance with the law, pursue a legitimate
aim and be necessary in a democratic society (see, for example, De Souza
Ribeiro v. France [GC], no. 22689/07, § 77, ECHR 2012).
66. In the present case the Court is prepared to accept for the purposes of
the present decision that the applicant’s exclusion from the United Kingdom
interfered with his private and family life in the United Kingdom. However,
in light of the findings set out at paragraphs 62 and 63, it would appear that
his exclusion did not have a significant adverse impact on his right to
respect for his family and private life or upon his reputation. Having regard
to this limited nature of the interference, and SIAC’s clear findings
concerning the extent of his terrorism-related activities, the Court does not
consider that the decision to exclude the applicant from the United Kingdom
was disproportionate to the legitimate aim pursued: namely, the protection
of the public from the threat of terrorism.
3. Conclusion
67. Accordingly, the Court considers that the applicant’s complaint
under Article 8 of the Convention is manifestly ill-founded and, as such,
must be rejected pursuant to Article 35 § 3(a) of the Convention.
B. Alleged violation of Article 14 of the Convention read together
with Article 8
68. The applicant further complained under Article 14 read together with
Article 8 that he was treated differently from British citizens considered a
threat to national security who did not hold a second nationality; and from
non-national residents who enjoyed a suspensory appeal against the
revocation of leave to remain in the United Kingdom. Article 14 provides as
follows:
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be
secured without discrimination on any ground such as sex, race, colour, language,
religion, political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
69. The Court notes that in the proceedings before the domestic courts
the applicant did not argue that he was treated differently from a British
citizen who posed a threat to national security. Before the High Court he
argued that he had been treated differently from someone who had never
held British citizenship (see paragraph 11 above), and before the Court of