On Monday, 27th June, 2011 the Court ruled, upholding the repatriation of P.B.P. (Dominican Republic), who applied for a BTA-permit for the first time in December 2010. The judgment has no immediate consequences for other BTA-applicants but only to this specific individual.
This case is specific for a number of reasons. First of all, the Court allowed the eviction because there was no concrete indication that B.P. could receive a residence permit. Secondly, B.P. did not provide any documents to the Immigration Department or the Court to support his application, nor did he claim to have paid the required deposit for a residence permit. Thirdly, B.P. is suspected of committing several crimes and the Minister of Justice declared him as undesirable. As an undesirable immigrant, he was placed in detention and evicted.
The BTA-process is a humane solution for the problems that undocumented immigrants faced in the Netherlands Antilles. Undocumented immigrants were provided the opportunity to apply for a one-year residence permit if they complied with certain criteria. In late 2010, immigrants who already received a BTA-permit could apply for an extension of their residence permit, and immigrants that had previously submitted an application were given the opportunity to provide the necessary documents to support their earlier application, such as passports and proof of residence. All BTA-applications are currently being examined by a special committee that will advise the Minister whether the application complies with the BTA-criteria.