The applicants, Mr. Mevlut Sezen and Mrs. Emine Sezen-Oğus, husband and wife respectively. Applicants are Turkish nationals, residing in the Netherlands and holding permanent residence permit. In 1993 Mr. Sezen was sentenced to 4 years of imprisonment due to allegations of drug-related offences. He was released in 1995 and returned to his family. However, since November 1995 to July 1996 Mr. Sezen was absent from the marital home, and the local authorities has decided that the marriage is no longer existing. Subsequently, Mr. Sezen was denied continuation of his residence permit and denied the right to reside in the Netherlands. The applicants complain that he has not separated with his wife, and that Dutch authorities ignored the notification of applicants‘ re-union. The applicants complain that his expulsion from the country would violate their right to respect for family life.
Citation: Sezen v the Netherlands (App no 50252/99) 31 January 2006