Court of first instance rejects request for suspension of removal order

March 21, 2022 2:00 pm

On Friday March 18, 2022, the Court of First Instance rendered its verdict once again, denying the request to suspend an order of the Minister of Justice, in having A.M.M. return to their native country after living and working on Sint Maarten without a work and residence permit.

This case was a follow-up on one of the three rulings of March 1, 2022, in which the court had ordered the immediate release of three illegal immigrants. In one of those cases, the immigrant in question requested the Court to suspend the removal order. This first request was declared inadmissible on March 1, as A.M.M.?s legal representative had made a procedural error. The legal team tried to correct the error and submitted a second request to the Court for suspension of the removal order.

This time around, the Court was able to review the facts and legal arguments provided by the Immigration and Border Protection Service (IBP) and A.M.M?s legal team regarding the validity of the removal order. Based on a more thorough examination than was possible in the ruling of March 1, the Court once more rejected A.M.M.?s request to suspend the removal order. No further appeal is possible against this decision.

IBP recognizes the approach in which the Court analyses these types of cases and is using this experience to further strengthen its working procedures and documentation in order to effectively enforce the laws of the land. IBP will continue to enforce the National Ordinance Admittance and Expulsion to the best of its abilities.

IBP hereby reminds the general public that visitors overstaying their limit in Sint Maarten is illegal. All non-nationals seeking to work and/or live on Dutch Sint Maarten must be in possession of a valid work permit and residence permit. They are strongly advised to contact the Immigration Department to gain information on their options or seek legal representation, especially in cases where an employer refuses to apply for a work permit. Businesses are strongly advised to see to it that all their employees are legally authorized to work and reside on Dutch Sint Maarten.