atvia [GC], No. 48321/99, § 97, ECHR 2003-X). Unlike the first applicant in the Slivenko case, who had come to Latvia when she had been only ten months old and had spent her entire life there, the applicant had arrived in Russia as an adult and had lived there for only eight years. His integration into Russian society was open to doubt since he had been unable, by his own admission, to read a document handwritten in Russian. Moreover, owing to their profession, religious missionaries must be prepared to change their place of residence with greater ease. Finally, the Government submitted that, in any event, the interference with the applicant's family life had been in accordance with law, pursued the legitimate aim of the protection of national security and had also been necessary in a democratic society.
B. The Court's assessment
83. As regards the scope of the complaint under Article 8, the Court notes at the outset that the applicant and his son did not claim that respect for their rights under this provision required that they be allowed to establish family life in Russia and nowhere else. Rather, they complained that the exclusion measure had been decided upon against the applicant while he had been still on Russian territory, yet he had been given no advance warning of that decision and no provision had been made to enable him - as the sole parent of K. and his only legal guardian - to make travel arrangements for him. In this connection the Court observes that more than three months separated the issuing of the Federal Security Service's report of 18 February 2002, which apparently served as the basis for the applicant's exclusion, and the enforcement of the exclusion order in early June 2002. During this entire period the Russian authorities were obviously aware that the applicant would not be allowed to return to Russia, but there is no indication that the applicant was in any way apprised of that possibility. After his exclusion from Russia in June 2002, a subsequent attempt to obtain a new visa and return to Russia to be reunited with his son was also thwarted. This resulted in a situation where the applicant was unable to have physical access to his son, who had remained in Russia in the care of a nanny. The physical separation of the applicant from his son lasted approximately ten months, during which the applicant attempted to challenge the exclusion order and arrange for the necessary documents - such as a Russian exit visa - that would enable his son to leave Russia. The period of separation was the direct consequence of a combination of the Russian authorities' actions (the decision to exclude the applicant from Russia) and omissions (failure to notify the applicant of that decision and to take measures that would enable his son to leave Russia).
84. As regards the characterisation of those actions and omissions of the Russian authorities, the Court reiterates that, although the object of Article 8 is essentially to protect the individual against arbitrary interference by the public authorities, it does not merely compel the State to abstain from such interference. In addition to this primarily negative undertaking, there may be positive obligations inherent in effective respect for private life. These obligations may involve the adoption of measures designed to secure respect for private and family life. 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 particular, in both instances regard must be had to the fair balance to be struck between the competing interests (see Dickson v. the United Kingdom [GC], No. 44362/04, § 70, ECHR 2007-...).
85. The Court does not consider it necessary to decide in the instant case whether it would be more appropriate to analyse the case as one concerning
> 1 2 3 ... 15 16 17 ... 23 24 25