SINT MAARTEN (PHILIPSBURG) – 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.
