Case no 39633/98
The applicant also raises complaints in respect of his deportation under Articles 10 and 11 of the Convention. (...)
The Court recalls that Articles 10 and 11 do not themselves grant a right of asylum or a right to stay in a given country. Deportation of an alien pursuant to immigration controls does not therefore constitute an interference with the rights guaranteed under these Articles. Furthermore, an alien’s rights under Articles 10 and 11 are independent of his or her right to stay in the country and do not protect this latter right. In the instant case the applicant has not, whilst in the jurisdiction of the United Kingdom, been subjected to any restrictions on his rights to impart information on the situation in Ghana or to associate with groups for that purpose. Nor has the applicant shown that the refusal of his asylum request and the decision to remove him in reality constituted a penalty imposed on him for having exercised his rights under Articles 10 and 11 rather than a proper exercise of the discretionary power of deportation reserved to Contracting States. Moreover, the fact that there is a risk that restrictions may be imposed on the applicant’s rights to freedom of expression and association in the receiving country cannot in itself override the exercise of the said discretionary power.
For these reasons the Court finds that there is no indication of an interference with the applicant’s rights under the above-mentioned Articles of the Convention and these complaints are therefore to be dismissed as being manifestly ill-founded within the meaning of Article 35 §§ 3 and 4 of the Convention.back