Deportation possible with Statute Law passenger travel

WILLEMSTAD — When the Statute Law passenger travel becomes effective, a Dutchman / Dutch woman (read everyone with a Dutch passport), can be deported from another part of the Kingdom, and prohibited from ever returning to that overseas territory.

 

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This appears from the draft-version of the Statute Law passenger travel.

"A ban on admission and residence can be ordered for reasons of public order or public safety to a Dutchman / Dutch woman who have not been a resident in a country or public body for a period of ten years.
If a Dutchman / Dutch woman has been a resident for more than ten continuous years in a country, then a ban on admission and residence can only be ordered for compelling reasons of public safety", according to the enactment.
"A Dutchman / Dutch woman, who have been issued a prohibition for admission and residence, cannot obtain or retain a lawful residence in the territory of the country that issued the prohibition. In case he/she has already obtained admission to or residence in that country, this prohibition will be enforced by means of deportation to another country or public body within the Kingdom."

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The Statute Law passenger travel further determines that a Dutchman / Dutch woman has the right to reside in a country or pubic body for a period longer than three months if they have employment or intend to look for employment.
A Dutchman / Dutch woman may also reside in that country for other purposes. In that case, the Dutchman / Dutch woman must have a medical insurance for him-/herself and his/her family members and his/her family may not form any unreasonable burden for the social security system of the country or public body where they have taken up residence. This latter condition is laid down in consideration of the limited financial resources of the island for the protection of their social security system. Therefore, this condition does not apply for residence in the European part of the Netherlands.

The prohibition on admission could for that matter also be (temporarily) removed by the minister who had issued such. This is possible ‘if the personal conduct of the relevant Dutchman / Dutch woman no longer forms an existent, actual, and serious threat for a vital importance of the society’.
In any case, the minister will determine this if the prohibition on admission or residence was not followed by deportation of the relevant Dutchman / Dutch woman within two years after the announcement thereof, according to the enactment.
The minister may also temporarily remove the prohibition on admission or residence in exceptional and urgent cases. Conditions will then be deployed regarding the place of entry and the duration of the residence. In that case, there must be ‘conclusive reasons of humanitarian nature’ or it must be ‘in the interest of the country or the mutual country’s relations’.

The Dutch minister of Justice, Ernst Hirsch Ballin (CDA) explained to the Upper Chamber three months ago, that the Statute Law passenger travel is not a result of the agreements of 2006, ‘but it is something that should be brought to one’s attention with the realization of the current cabinet’. It was also laid down in the coalition agreement, that such a Statute Law passenger travel should be constituted.
Hirsch Ballin: "It was brought to one’s attention – that the connection was explicitly made with the realization of the cabinet – that something similar had to be realized at the moment that the Netherlands Antilles will be split up into three countries.
The existing complication in the passenger travel of the Dutch people between the countries of the Kingdom would otherwise multiply. From an international point of view, it is actually very peculiar that forms need to be filled in when Dutch people move in one direction within the Kingdom, and strongly resembles that, which is required for the application of a visa upon visiting a foreign country where relations are limited. This is certainly peculiar as we have the communal citizenship."

‘Wild-west stories’
The minister of Justice also denied that the Statute Law passenger travel would be some kind of deportation regulation in another version. "Wild-west stories have been circulating in the West, as if this would be some new version of a submitted enactment by a former minister for Alien Affairs and Integration, directed at the deportation of some Dutch youngsters from this part of the Kingdom. These are truly wild-west stories. The purpose of the proposed Statute Law will be entirely different from that of the withdrawn enactment. It is good to clearly express this to all parts of the Kingdom, so that there is no confusion whatsoever on that withdrawn enactment, that this regulation is based on article 3 of the Statute for the Kingdom of the Netherlands, as this after all leads to a Kingdoms Affair, the status of the citizenship, therefore the Dutch nationality, and certain aspects of the passenger travel of Dutch people as well as of foreigners."

One-way traffic

The political party Pueblo Soberano calls the Statute Law passenger travel ‘apartheid’ – ‘the sixth Statute Law’ in the framework of the political reformations. According to Pueblo Soberano, "the presumed free passenger travel is a one-way traffic". "The enactment introduces a number of conditions for Arubans, Antilleans, and Curaçao citizens, and what is called the BES-islands (Bonaire, St. Eustatius and Saba), to prevent our people from going to the Netherlands. The party is convinced that this enactment was deliberately suppressed until after the referendum. "The Netherlands, PAR, PNP, and FOL want to prevent our people from going to the Netherlands but have our islands overrun with their people".

The Statute Law passenger travel further determines that a Dutchman / Dutch woman has the right to reside in a country or pubic body for a period longer than three months if they have employment or intend to look for employment.A Dutchman / Dutch woman may also reside in that country for other purposes. In that case, the Dutchman / Dutch woman must have a medical insurance for him-/herself and his/her family members and his/her family may not form any unreasonable burden for the social security system of the country or public body where they have taken up residence. This latter condition is laid down in consideration of the limited financial resources of the island for the protection of their social security system. Therefore, this condition does not apply for residence in the European part of the Netherlands.The prohibition on admission could for that matter also be (temporarily) removed by the minister who had issued such. This is possible ‘if the personal conduct of the relevant Dutchman / Dutch woman no longer forms an existent, actual, and serious threat for a vital importance of the society’. In any case, the minister will determine this if the prohibition on admission or residence was not followed by deportation of the relevant Dutchman / Dutch woman within two years after the announcement thereof, according to the enactment.The minister may also temporarily remove the prohibition on admission or residence in exceptional and urgent cases. Conditions will then be deployed regarding the place of entry and the duration of the residence. In that case, there must be ‘conclusive reasons of humanitarian nature’ or it must be ‘in the interest of the country or the mutual country’s relations’.The Dutch minister of Justice, Ernst Hirsch Ballin (CDA) explained to the Upper Chamber three months ago, that the Statute Law passenger travel is not a result of the agreements of 2006, ‘but it is something that should be brought to one’s attention with the realization of the current cabinet’. It was also laid down in the coalition agreement, that such a Statute Law passenger travel should be constituted.Hirsch Ballin: "It was brought to one’s attention – that the connection was explicitly made with the realization of the cabinet – that something similar had to be realized at the moment that the Netherlands Antilles will be split up into three countries. The existing complication in the passenger travel of the Dutch people between the countries of the Kingdom would otherwise multiply. From an international point of view, it is actually very peculiar that forms need to be filled in when Dutch people move in one direction within the Kingdom, and strongly resembles that, which is required for the application of a visa upon visiting a foreign country where relations are limited. This is certainly peculiar as we have the communal citizenship."The minister of Justice also denied that the Statute Law passenger travel would be some kind of deportation regulation in another version. "Wild-west stories have been circulating in the West, as if this would be some new version of a submitted enactment by a former minister for Alien Affairs and Integration, directed at the deportation of some Dutch youngsters from this part of the Kingdom. These are truly wild-west stories. The purpose of the proposed Statute Law will be entirely different from that of the withdrawn enactment. It is good to clearly express this to all parts of the Kingdom, so that there is no confusion whatsoever on that withdrawn enactment, that this regulation is based on article 3 of the Statute for the Kingdom of the Netherlands, as this after all leads to a Kingdoms Affair, the status of the citizenship, therefore the Dutch nationality, and certain aspects of the passenger travel of Dutch people as well as of foreigners."The political party Pueblo Soberano calls the Statute Law passenger travel ‘apartheid’ – ‘the sixth Statute Law’ in the framework of the political reformations. According to Pueblo Soberano, "the presumed free passenger travel is a one-way traffic". "The enactment introduces a number of conditions for Arubans, Antilleans, and Curaçao citizens, and what is called the BES-islands (Bonaire, St. Eustatius and Saba), to prevent our people from going to the Netherlands. The party is convinced that this enactment was deliberately suppressed until after the referendum. "The Netherlands, PAR, PNP, and FOL want to prevent our people from going to the Netherlands but have our islands overrun with their people".

 

Taken from www.amigoe.com