Foreigner not deported until the Minister of Justice investigation into risk in Venezuela is completed

In its judgment of  November 9th 2018, the General Court determined that the period set by the minister that the alien should not be deported will be extended to two weeks after the minister has completed the investigation into the risk that the alien claims to run in Venezuela.

The foreign national is of Venezuelan nationality and has entered Curaçao illegally, by boat and without identity papers. By order of  August 17th 2018, the Minister of Justice ordered that the foreign national be removed to Venezuela and detained.

The foreign national has argued that he cannot be removed to Venezuela because on return he runs the risk of inhuman treatment or punishment by the Venezuelan authorities. This is contrary to Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which applies in Curaçao.

The minister was right to investigate for himself whether the alien runs the risk of inhuman treatment or punishment by the Venezuelan authorities on his return to Venezuela. The minister has promised that as long as the investigation has not yet been completed, the foreign national will not be removed. The foreign national remains in custody on Curaçao during the investigation.

In this so-called provisional provisional procedure, the foreign national asked the Court of First Instance to determine that, due to the danger that he is in Venezuela, he may not be removed provisionally and that detention must be interrupted.

If, according to him, the minister's investigation shows that the alien is not at risk when he returns to Venezuela, the alien can still be removed. Until that time, the foreign national remains in custody in Curaçao. The Court finds that the minister has sufficient reasons for this. The minister has not yet been able to establish the identity of the foreign national and fears that he will withdraw from the expulsion.

It is not stipulated in this procedure that the foreign national may remain in Curaçao and that he must be granted a residence permit. The foreign national has submitted a request to be admitted to Curaçao. The minister still has to decide on that request.

The decision of the General Court in this case is not final and applies until the minister has made a decision on the foreigner's objection to the decision of  August 17th 2018 to remove him and put him in custody.

Read the verdict here