Court approves deportation first time BTA-applicant

POSTED: 06/28/11 12:16 PM

St. Maarten– Justice Minister Roland Duncan was within his rights when he ordered the deportation of 21-year-old Pascal Beltran Perez to the Dominican Republic. Perez had applied for a residence permit under the Brooks Tower Accord, but he had files it too late – in December 2010, while the deadline for first-time applicants was almost a year earlier, on December 15, 2009.

Perez lived his whole life in St. Maarten. He was born on the French side, but he kept the nationality of the Dominican Republic. His parents never bothered to legalize his status. When he was caught after a burglary, he was deported.

Perez’ attorney contested the deportation and argued that his client had the right to await a decision about his Brooks Tower-application on the island. The court ruled yesterday that “if first Brooks tower-application have been submitted after December 15 20-09, this was not based on the Justice Minister’s policy.” There was also no policy that applicants were allowed to await a decision on the island, the court stated.

In an earlier stage of the procedure, the court had asked Duncan whether it was possible to submit first applications after December 15, 2009. The answer to that question was no.

Perez’ attorney Mr. D. Brison said that the court ruling provided clarity. “Many people have filed a first application after December 15, 2009. The Justice Minister now has the authority to deport them all,” he said.

Brison said, without giving an exact number, that quite some people who had filed their first application after December 15 (and paid for it) had then gone to the Labor Department to apply for (and pay for) a work permit.

The court ruled that Perez “who claims to have lived in St. Maarten all his life but who never had a residence permit while at the moment of the contested (deportation) decree there was no concrete perspective at legalization, the defendant (the Justice Minister – ed.) was authorized to deport the plaintiff.”

 

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