Expulsion of a married parent with three children and a ban on entering the country violates the right to respect for family life
JUDGMENT
Guliyev and Sheina v. Russia 17.4.2018 (no. 29790/14)
SUMMARY
Deportation of an alien due to expiry of a residence permit. The expelled was married with a national of the expulsion country and had three children with her. Violation of Article 8 (right to respect for family life) of the European Convention on Human Rights
PROVISION
Article 8
PRINCIPAL FACTS
The applicants, Natig Yakhya-Ogly Guliyev, an Azerbaijani national, and Yulia Sheina, a Russian national, were born in 1975 and 1988 respectively. They are a married couple. Ms Sheina lives in Perm (Russia), which is where Mr Guliyev also lived prior to his expulsion in March 2014.
The case concerned Mr Guliyev’s removal from Russia despite his argument that he had a family life there. Mr Guliyev and Ms Sheina began living together in 2004 and later had two children. They concluded a marriage in a mosque in August 2012 after Mr Guliyev had arrived back in Russia under a visa-free agreement. He had permission to stay until early November 2012 and was arrested in December 2013 for failure to renew the permission. He pointed out that he had been injured in a shooting and had not been able to carry out that procedure, but the courts subsequently ordered his expulsion, which was took place in March 2014. A third child was born in July 2014 with a heart condition.
The European Court of Human Rights refused in August 2014 to grant the applicants’ request for an interim measure to allow Mr Guliyev to return to Russia to visit the child. Relying on Article 8 (right to respect for private and family life) of the European Convention on Human Rights, the applicants complained about Mr Guliyev’s expulsion and the five-year re-entry ban that had been imposed on him.
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: 7,500 euros (EUR) jointly to Mr Mr Guliyev and Ms Sheina in respect of nonpecuniary damage(echrcaselaw.com editing).
