Tokens: 4
.
The
underlying
question
of
principle
is
whether
foreign
nationals
have
a
claim
,
on
the
basis
of
Article
8
of
the
Convention
,
to
obtain
from
a
Contracting
State
permission
to
enter
and/or
reside
on
the
latter
’s
territory
in
order
to
join
or
remain
with
their
relatives
who
have
legal
residence
there
.
In
the
Court
’s
longstanding
case
-
law
this
question
is
answered
mainly
in
the
negative
.
True
,
the
Court
does
acknowledge
that
Article
8
is
capable
of
being
applicable
under
its
family
-
life
head
,
but
it
has
concluded
most
of
the
time
that
the
immigration
treatment
accorded
to
these
persons
was
not
such
as
to
violate
this
provision
,
regard
being
had
to
their
situation
and
the
general
interest
of
the
community
.
The
overriding
consideration
highlighted
in
this
case
-
law
is
that
they
are
foreign
nationals
,
that
is
to
say
members
of
a
category
in
respect
of
whom
the
States
enjoy
,
under
international
law
,
as
is
stressed
in
all
the
relevant
decisions
,
a
virtually
absolute
right
of
control
over
entry
into
their
territory
and
discretionary
power
in
the
matter
of
admission
and
residence
.
The
Convention
does
not
guarantee
the
right
of
a
foreign
national
to
enter
or
to
reside
in
a
particular
country
(
see
,
for
instance
,
Nunez
v.
Norway
,
no
.
55597/09
,
§
66
,
28
June
2011
)
;
and
it
does
not
prevent
the
Contracting
States
from
enacting
into
law
and
enforcing
a
strict
,
even
very
strict
,
immigration
policy
.
In
concrete
terms
,
the
Court
has
taken
the
stance
that
a
Contracting
State
is
not
obliged
under
the
Convention
to
accept
foreign
nationals
and
permit
them
to
settle
except
in
cases
where
family
life
could
not
be
lived
elsewhere
than
on
its
soil
.
In
the
great
majority
of
cases
,
it
has
pointed
out
that
such
family
life
could
flourish
in
another
country
.
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