Philipsburg:--- Judge R.W J. van Veen has given Minister of Justice Roland Duncan until May 30th to submit to his court the written policy of the BTA2 process. The verdict was handed down on Monday in a case that relates to a national of the Dominican Republic who was picked up by immigration and deported even though he was in possession of his BTA receipt stating that he submitted a request for a BTA permit. Attorney at law Denicio Brison told the court that his client Pascal Beltran submitted his request within the legal time frame and he has a receipt as proof of his application therefore, he should not be deported but be given equal treatment to wait for a decision from the Minister of Justice. Brison said his client was allowed to apply for the category 1 permit for the first time during the BTA2 process late November to December 2010. His client he said lived all his life on the Dutch side of the island without ever obtaining a residency permit. Brison argued that all persons who applied for the BTA permit during the BTA1 were allowed to remain on St. Maarten until they were given a response. Brison said based on the deportation of his client there was a violation of two principles of good governance namely the principle of equal treatment and raised expectations given to his client when he applied for his permit. During the court hearing the question of whether or not first timers were allowed to apply under the BTA2 process became the main issue. This point caused some confusion because, as far as the judge was concerned, the BTA2 process had been announced as open only for renewals. During the hearing his lawyer argued that the Minister of Justice told Parliament during a hearing in January that first timers were also able to apply. The judge decided to give the Minister of Justice the benefit of the doubt and ordered him to present to the court IN WRITING answers to the following three questions.
Is it true that the Minister declared to Parliament in January 2011 that after the period which ran from November 3 to December 15, 2009, ( That is, Brooks Tower I under Minister Magali Jacoba) first time applications for Brooks Tower residence permits could be submitted?
If so, can the Minister submit the written minutes of the Parliamentary meeting in question?
If so, does submitting a request mean that while the application is being processed, applicants are not deported from the Netherlands Antilles? The answers to these questions will provide the court with the clarity it needs to make a final decision. If as expected, the Minister of Justice confirms that indeed first timers were allowed to apply for BTA permits that would mean that a new grace period has been opened.