2
KONSTATINOV v. THE NETHERLANDS JUDGMENT
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
5. The applicant, who is of Roma origin, was born in 1964 in Rgotina
(Serbia) and is currently living in 's-Hertogenbosch. She is also known to
the Netherlands authorities under the names of Arenka Sarkevic, Violetta
Sarof, Harenka Sarof and Harenka Sharkevits.
6. As a young child and after the death of her mother, the applicant left
Serbia with her father to travel. In 1986, the applicant contracted a
traditional Roma marriage with Mr G., who was born in Rome in 1967 and
who was living in the Netherlands where he had been granted a residence
permit in 1977. His nationality, if any, is unknown.
7. On 16 February 1987, the applicant – under the name Arenka
Sarkevic – was expelled from the Netherlands to Germany for unspecified
reasons.
8. On 25 October 1988, Mr G. was granted a Netherlands permanent
residence permit (vestigingsvergunning) which he holds to date. On
26 October 1988, the applicant – under the name Arenka Sarkevic – applied
for a Netherlands residence permit for the purposes of stay with her partner
Mr G. in the Netherlands. In April 1989, the applicant and Mr G. had a son
named L.G.
9. On 13 February 1990, the Deputy Minister of Justice (Staatssecretaris
van Justitie) rejected the applicant's request for a residence permit, as Mr G.
did not meet the minimum income requirement under the applicable
immigration rules, and as it had not been demonstrated that he was actually
cohabiting with the applicant. After a request for reconsideration
(herzieningsverzoek) filed on 13 March 1990 was denied suspensive effect
as regards the applicant's removal from the Netherlands, the applicant left
the Netherlands for an unknown destination on or around 6 December 1990.
10. On 1 June 1991, the applicant returned to the Netherlands where, on
10 September 1991, she married Mr G. under Netherlands civil law. On
1 November 1991, submitting a passport in the name of Jadranka
Konstatinov – issued on 18 June 1991 in Pančevo (Serbia) by the authorities
of the Socialist Federal Republic of Yugoslavia and valid until
18 June 1996 –, the applicant filed a request for a Netherlands residence
permit for the purpose of stay with her spouse in the Netherlands. However,
this application for a residence permit was not considered for seven years.