The residence permit

Case C 484/07, CJEU, Luxembourg, 16 June 2011, Fatma Pehlivan v. Staatssecretaris van Justitie;

Ground: EEC-Turkey Association Agreement; Decision No 1/80 of the Association Council– the right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State. 

The abstract of the Judgment

The case relates to the proceedings between Ms. Pehlivan, a Turkish national and Staatssecretaris van Justitie in relation to the withdrawal of residence permit issued for this person and procedures of her expulsion from the Netherlands. The Netherlands authorities concluded on that basis that Ms. Pehlivan had resided legally in the Netherlands only up to 22 December 2000, that is to say, for a period of less than three years, with the result that she could no longer validly rely on the first indent of the first paragraph of Article 7 of Decision No 1/80 and that she ought for that reason to be expelled. Being of the opinion that she had in fact continued to reside with her parents after 22 December 2000 since her marriage had no effect, on 7 November 2003, appeals the decision to deport her. Following rejection of that appeal, she brought, an action before the Rechtbank’s-Gravenhage (District Court, The Hague), also applying for enforcement of the deportation decision to be suspended.