4.  The facts of the case, as submitted by the applicant, may be summarised as follows.
5.  The applicant was born on 7 February 1977. In July 1997, when the applicant was 20 years old, he requested a residence permit for Denmark, via the Danish Embassy in Amman, on the grounds of his marriage in 1997 to a stateless Palestinian woman, X, from Lebanon, who lived in Denmark and had obtained Danish nationality. His request was granted and he was registered as a person legally residing in Denmark in November 1997.
6.  Between 1997 and 2001, the couple had three children together. After they divorced, the applicant maintained contact with the children and his ex‑wife.
7.  In 2002, under Islamic law, the applicant married Y, an Iraqi woman of Kurdish origin. Between 2003 and 2009, the couple had three children together.
8.  The applicant has a criminal record which includes, inter alia, a conviction in June 2006 for assault, threats and drug offences, for which he was sentenced to imprisonment for one year.
Criminal proceedings leading to the expulsion order
9.  On 16 April 2008 the applicant was detained and charged with drug offences.
10.  By a judgment of 11 March 2009 the District Court in Aarhus (Retten i Aarhus) found him guilty, jointly with others, of trafficking approximately 1 kg of cocaine from Holland to Denmark in the period from around 28 February 2008 to 4 March 2008, for the purpose of distribution, contrary to Article 191 of the Criminal Code. The applicant was sentenced to five years’ imprisonment.
11.  In addition, the District Court had to determine whether, as claimed by the prosecution, the applicant should be expelled.
12.  In this decision, it took into account a statement of August 2008 by the Immigration Service (Udlændingeservice) about the applicant’s personal circumstances. It set out, inter alia, that the applicant had resided in Denmark for more than nine years. He spoke Arabic and only a little Danish. An interpreter had been used during his interview with the Immigration Service. He had never had a job in Denmark. The applicant’s parents and siblings remained in Jordan, where the applicant had visited them a couple of years before. The applicant saw his children from his first marriage.
13.  The District Court also noted the applicant’s statement before it, that before being detained he had seen his three children from his first marriage, who were aged six to ten, about every two days. In addition, he had three children under the age of six from his second marriage. He was still married. He had refused to receive visits from his children in the local prison because he feared that it would have a negative emotional impact on them. His wife had a Danish alien’s passport. She originated from Iraq. He believed that she would not accompany him if he were deported.
14.  Having regard thereto and to the seriousness of the crime, the District Court did not find that the circumstances mentioned in section 26, subsection 1, of the Aliens Act made expulsion inappropriate, or that this would be in breach of Article 8 of the Convention. It therefore ordered the applicant’s expulsion with a permanent ban on his return.
15.  On appeal to the High Court of Western Denmark (Vestre Landsret), henceforth the High Court, supplementary information was provided that the applicant had been fined on 10 December 2008 for a traffic offence, and on 3 April 2009 for a violation of the Executive Order on Controlled Substances (Bekendtgørelse om euforiserende stoffer). By judgment of 25 November 2009 the High Court upheld the conviction and sentence, although the latter was to include 22 days remaining from his conviction in 2006. It also found that expulsion would not be contrary to the principle of proportionality and upheld that order.
16.  The applicant did not request leave to appeal to the Supreme Court (Højesteret).
Asylum proceedings
17.  While serving his sentence, the applicant requested asylum. During those proceedings he stated that he would lose contact with his three children from his first marriage, since they would not be able to afford to visit him more than once a year. Moreover, his oldest son, I, was mentally disabled and would need special assistance to travel.
18.  The applicant’s request for asylum was refused by the Immigration Service on 28 June 2011 and, on appeal, by the Refugee Appeal Board (Flygtningenævnet) on 31 October 2011.
Revocation proceedings
19.  On 15 August 2012 the applicant had served two-thirds of his sentence and was due to be released on parole. Since he did not consent to the release on parole, he was brought before the District Court which, on 23 August 2012, by virtue of section 50, subsection 2, of the Aliens Act (Udlændingeloven) maintained his detention until a decision was taken on whether to revoke the deportation order. To this effect, relying on section 50, subsection 1, of the Aliens Act, the applicant claimed that material changes had occurred in his circumstances. He stated, among other things, that he had strong links to his six children, his wife and his ex‑wife, that they had all visited him in prison, and that he would lose contact with them upon return. His wife and her family had stayed illegally as refugees in Jordan and had been fined therefor, so she would not be allowed entry. After his mother had died, he had not had much contact with his family in Jordan.
20.  For the purpose of the case, the Immigration Service issued a statement of 24 October 2012, which read as follows.
“The Immigration Service finds that no such changes have occurred in [the applicant’s] circumstances as set out in section 26 [of the Aliens Act] that could justify the revocation of the expulsion order. Accordingly, we find that it cannot lead to a revocation of the expulsion order that [the applicant] and his spouse living in Denmark, whom he married in a Muslim ceremony, have three minor children from their marriage, that he has received visits from his spouse and children about once a week since his arrest and that his spouse cannot enter Jordan because of her debt to the former authorities. We have emphasised in this respect that the above information was known already at the time of the judgment delivered by the High Court on 25 November 2009 and that he could not subsequently have had a justified expectation that he would be able to exercise his right to a family life in Denmark. In our opinion, it cannot lead to a revocation of the expulsion order either that [the applicant’s] former spouse and the three minor children from their marriage live in Denmark and that his eldest child is in respite care due to a disease. In this respect we have emphasised that the information about the children, including the disease of the eldest child, was known at the time of the judgment delivered by the High Court on 25 November 2009. The Immigration Service also finds that the unsubstantiated information provided by [the applicant’s] counsel, that several of [the applicant’s] children suffer from mental problems as a result of the separation from [the applicant] cannot lead to a revocation of the expulsion order either...”
21.  In connection with the case, the applicant’s ex-wife, X, gave statements to the police on 7 and 12 September 2012. Her statements, reproduced in two police reports, were read out in the District Court and stated, inter alia:
“X stated that she and the applicant had been married from 1997 to 2001. X was now a Danish national, but was originally a stateless Palestinian from Lebanon. She and [the applicant] had three children from their marriage: a 14-year-old boy, a 12‑year-old girl and an 11-year-old boy. The 14-year-old boy had a mental disability, but no physical disability. He wore a nappy and his speech and language were undeveloped. He attended a special school. Their two other children were normal and attended ordinary elementary school. X had sole custody of the three children. She and the three children visited [the applicant] about twice a month in prison – although sometimes only once a month. They had done so for the entire period that [the applicant] had been in prison. X was on a disability pension. [The applicant’s] only contribution to her living costs was child support. She and her three children would not accompany [the applicant] to Jordan if he were returned to Jordan.”
“.... Her 14-year-old son had been in respite care with a family until two years before. Now he was in respite care in an institution ... For example, he would live with X from Monday to Wednesday and go to the special school from X’s home. From Thursday to Sunday of the same week, he would live in the institution and go to the special school from there....”
22.  Before the District Court, X confirmed the statements that she had given to the police. The children were then 14, 12 and 11 years old. Their eldest son had not been diagnosed, as such. He was still in respite care, as she had described to the police. The children and [the applicant] had a very close relationship. The children were very excited to spend time with him. Their daughter was probably the one who was most strongly attached to [the applicant], but their two sons were also very attached to him. Their daughter was going through puberty and had a strong need for a father, whom she could present to her friends. However, the children found it difficult to understand why they always had to visit [the applicant] and not the other way around. The two youngest children had not been offered consultations with a school psychologist. She had not forced the issue either, as she had always believed that things would work themselves out. It would be a disaster if her children were separated permanently from their father. They had lived in a strong hope that they would be reunited with their father upon his release. She feared that her children would break down in case of [the applicant’s] deportation. It would become very difficult to integrate them into Danish society. For the sake of her children, she really hoped that [the applicant] could be allowed another chance. In the case of [the applicant’s] deportation, she and the children would remain in Denmark as the children and she had no chance of managing elsewhere.
23.  Y also gave statements to the police on 7 and 12 September 2012. Her statements, reproduced in two police reports, were read out in the District Court and stated, inter alia:
“Y stated that she was an Iraqi national, but a Kurd ... She stated that she spoke Arabic. She understood some Danish but found it difficult to speak Danish. She stated that she had been granted residence based on an application for asylum. She had entered Denmark in 2000. She was still married to [the applicant], although they had only married in a Muslim ceremony. They had never married under the Danish rules. They had three children together: a 9-year-old boy, an 8-year-old girl and a 7-year-old boy. All of them were healthy and attended school here in Denmark. Y and [the applicant] had joint custody of the three children, who were all Iraqi nationals. Before [the applicant’s] arrest in the drug case, which resulted in him being sent to prison, Y and [the applicant], had lived together at Y’s current home. After his arrest and during his imprisonment, Y had visited [the applicant] in prison once a week on average. Their three children had also accompanied her on the visits. If [the applicant] were released, the plan was for him to move in with Y again and live with her and their three children. Y indicated that she could not go to Jordan with him if he were deported to Jordan. She stated in that respect that she had lived in Jordan for five years with her parents. When leaving Jordan in 2000, she had been told at the airport in Jordan that she must pay some money for having lived in Jordan, and if she failed to pay she could not return to Jordan. Y could not pay the money; she did not recall the amount. When asked whether she was in possession of Jordanian documents in that respect, she replied that she was not. This was the reason why she could not return to Jordan. Furthermore, she did not want her children to grow up in Jordan. Accordingly she and her three children would not accompany [the applicant] if he were returned to Jordan. ... Her father was dead ... She subsisted on welfare benefits. [The applicant’s] only contribution to Y’s living costs was child support ...”
“.... Her father had been granted asylum in Denmark. In Jordan, she and the rest of her family had had to pay to live there. When asked how and to whom her family had had to pay money, she replied that she had been very young at the time and had never learned the details about that. She had lived in Jordan for about three years and had not left the country during those three years. She had left Jordan in 2000 with her mother and her three siblings as they had been granted family reunion in Denmark. Y and her family had therefore travelled to Denmark. She had not been to Jordan since. When Y and her family had left the airport in Amman, the airport authorities/police had demanded that the family pay money for the time that they had lived in Jordan. The applicant did not know how much money her family had been asked to pay. She stated that she had heard that the amount was ten Jordanian dinars, probably for each day’s stay on each passport, but there may also have been a monthly payment. Their family had had three passports altogether. Her family had been unable to pay the amount demanded at the airport of Amman, and they had then been told that it would subsequently be impossible for them to enter Jordan in future. She did not know whether her family could enter if the amount due was paid in connection with a future journey to Jordan. When asked about her three children, Y replied that they were all in good health and attended school here in Denmark. In connection with parent consultations at the school, Y had been informed that her children were doing well at school. However, her eldest son isolated himself a little when in after-school care. None of the children suffered from diseases of any kind, whether physical or mental. When asked, Y replied that none of her children saw a doctor or a psychologist. However, her eldest son was often sad because he thought about his father.”
24.  Before the District Court, Y confirmed the statements that she had made to the police. The children were then 9, 8 and 7 years old. The eldest son’s relationship with [the applicant] remained unchanged. He was still waiting and looking very much forward to [the applicant’s] release. Her eldest son had a support person. The reason was that he isolated himself. The reason why he isolated himself was that he missed being part of a whole family. It would help if he could be with [the applicant]. No support had been granted to the two younger children. They were doing well. Her siblings also lived in Aarhus. However, she did have one sister living in the Netherlands. A few years before, this sister had tried to return to Jordan after she was expelled from the Netherlands. However, Jordan had refused to accept her sister because there was an unpaid bill or fine linked to the family’s stay in Jordan. If [the applicant] were deported to Jordan, she would have to remain in Denmark with the children, primarily for the sake of the children. She did not want them to grow up elsewhere. It would also have a very negative impact on the children if their father were deported.
25.  By decision of 3 June 2013 the District Court refused to revoke the expulsion order, finding as follows:
“[The applicant] was sentenced to expulsion when found guilty of trafficking approximately 1 kg of cocaine into Denmark and sentenced to imprisonment for five years. His involvement in the case was neither random nor insignificant. On the contrary, the crime was categorised as organised and consequently also characterised by professionalism. Due to its nature, the crime accordingly constitutes a major problem for Danish society. Against this background, it is a strict requirement that [the applicant’s] personal circumstances change to such extent that the changes can be considered material so as to justify the revocation of the expulsion order, see section 50(1) of the Aliens Act. As material changes in his circumstances, [the applicant] has referred to the circumstances that the health of his children has deteriorated, that his wife’s possibility of accompanying him to Jordan following his deportation has been reduced, and that during the period since the High Court judgment of 25 November 2009 the risk has increased that he will also be punished in Jordan for the drug offence for which he has served a sentence in Denmark.
Since the High Court delivered its judgment, [the applicant] has maintained contact with his wife and his children. However, that circumstance cannot independently lead to the conclusion that there have been material changes in circumstances. In the assessment of the Court, the information available does not provide any basis on which to conclude that there have been material changes in the health of his children. His wife has stated that she left Jordan in 2000, and there is nothing to suggest that her possibilities of returning to Jordan have changed since then.
With reference to that, and based on the information on the risk of double punishment, the Court finds that there have been no such material changes in the applicant’s] personal circumstances as to satisfy the conditions for revoking the expulsion order. As Article 8 of the European Convention on Human Rights has accordingly not been violated either, the Court cannot allow his claim that the expulsion order be revoked.”
26.  The applicant filed an appeal against the decision with the High Court, before which the applicant and X were heard, and the Ministry of Foreign Affairs was consulted anew. The latter had consulted a new legal source, which had confirmed the information obtained during the asylum procedure.
27.  Supplementary information was provided that the applicant and his ex-wife, X, now had joint custody of their three children and planned to re‑marry. Moreover, the eldest son, who was now 15 years old, lived in a residential institution. He had been diagnosed with von Recklinghausen’s disease, type 1, and his stage of development corresponded to that of a four to six-year-old child.
28.  The applicant submitted that in May 2013, thus before the District Court’s decision of 3 June 2013 to refuse to revoke the expulsion order, he had divorced his wife, Y, according to Islamic law. He and his ex-wife, X, had talked about marrying again but they would await the outcome of the case at issue. It had not been decided whether she would follow him to Jordan in case of expulsion. There would be no help in Jordan for his disabled son. He had broken off contact with his father and his eight siblings in Jordan in 2005. He maintained contact with all his children.
29.  The applicant’s ex-wife, X, stated that it would not be possible for her to follow the applicant to Jordan due to the son’s disability.
30.  On 27 January 2014, the High Court upheld the decision not to revoke the expulsion order. It concluded as follows:
“for the reasons given by the District Court, it is found on the basis of the evidence produced before the High Court, that there have been no such material changes in the applicant’s circumstances as set out in section 50, subsection 1, cf. section 26 of the Aliens Act that would justify the revocation of his expulsion order. The information presented to the High Court on the risk of double punishment upon return to Jordan and on the intention of the applicant and his ex-wife to remarry cannot lead to a different outcome”.
31.  The applicant’s request for leave to appeal to the Supreme Court was refused on 20 March 2014 by the Appeals Permission Board (Procesbevillingsnævnet).
32.  The applicant was deported from Denmark on 8 April 2014.
II.