Foreigner with Benefit Fraud History Wins Entry Ban Extension Case
In a surprising twist, a Dutch resident who was expelled from Germany for benefit fraud in 2000 has been granted an extension of his entry ban. Despite his past activities, including joining the terrorist organization Al-Qaeda in Afghanistan in 1990 and serving time at the Guantanamo Bay prison camp from 2002 to 2016, these factors did not impact the ruling made by the Düsseldorf Administrative Court on Wednesday.
The man, now residing in the Netherlands, had filed a lawsuit against the city of Duisburg, which rejected his request for a retroactive extension of the entry and residence ban. The court's decision is non-binding, but it emphasized that the question of whether there was sufficient evidence for the potential danger of supporting a terrorist organization was irrelevant. According to the court, the expulsion was not based on any specific suspicion of terrorism.
The European directive in effect since 2010 states that an entry ban cannot exceed five years, even for old cases, unless the third-country national poses a serious threat to public order or national security. In this case, the man was expelled for benefit fraud, but the court argued that he was allowed to enter the country for the court hearing on that very day.
Enrichment Insights
- European directives, such as Directive 2008/115, dictate the duration and circumstances of entry bans for foreigners with criminal records, including those expelled for benefit fraud and those who have previously been involved in terrorist organizations or imprisoned in Guantanamo.
- These directives consider a range of factors, including the specific circumstances of the case, the nature of the offense, and any potential risks to public policy, public security, or national security.
- For individuals with a history of benefit fraud, the duration and conditions of the entry ban would be determined by the severity of the offense and the potential risks it poses to public policy or national security.
- For those who have been involved in terrorist organizations or imprisoned in Guantanamo, these factors significantly increase the risk to public policy and national security, meaning the entry ban duration could be extended or made indefinite to ensure public safety.
The court's decision not to extend the entry ban for the foreigner with a history of benefit fraud overlooks his previous actions with Al-Qaeda and Guantanamo. The court proceedings and the city's rejection of the extension have involved the participation of various foreigners, including the man in question, who now resides in the Netherlands.
