PHILIPSBURG--A single community service sentence for an incident in the relational sphere is not a valid reason to reject an application for an extension of residence. That is what the judge determined on Monday in a case against the Minister of Justice for rejecting a Certificate of Good Conduct (VOG), a document that is necessary for the extension of the residence status.
A 33-year-old woman who has been living legally in St. Maarten for a long time had applied for a VOG as part of the annual extension of her stay. This request was rejected by the Minister of Justice on June 23, 2022.
According to the Minister, the woman, who was sentenced to 30 hours of community service on June 15, 2022, "poses a risk to public order and safety". The woman had been convicted of assault and, according to the minister, there was "a risk of recidivism".
The woman had slapped her lover and bitten him when they were both in his car. He had told her that he, a married man, wanted to end contact with her. This led to strong emotions in the mistress, who is more than twenty years younger than the man and was in a dependent position. She did not want to stop seeing him, a well-known businessman in St. Maarten and a prominent member of the community.
The man reported the beating and the bite to the police, and requested a restraining order for the woman during the hearing of the case in court. This was granted by the judge: the mistress may not contact the man or his family in any way, directly or indirectly, for a year. In addition, she was given a community service of 30 hours.
On September 27, 2022, the woman was again in court. This time because the Minister of Justice had rejected her request for a VOG. Lawyer Geert Hatzmann had objected to this on her behalf.
According to the judge, Minister of Justice Anna Richardson wrongly failed to justify why an incident in the relational sphere for which a community service sentence has been imposed would be such a great danger to public order that a VOG must be refused.
The minister has been informed by the court that she must consider the interests of the applicant and the purpose for which the VOG is requested.
Lawyer Cindy Marica-Henderson argued on behalf of Minister Richardson that the assessment of the application for the granting of the residence permit is a separate procedure. This is correct, according to the judge, who cannot comprehend that “all this [the incident – Ed.] will be taken into account in the assessment.”
The court concludes that "the VOG is an imperative condition for issuing a residence permit". Thus, pursuant to Article 15, third paragraph of the relevant National Ordinance, the minister must take the purpose of residence into account in her decision.
The Court also held that, in view of the consistent case-law, rejection of and application for an extension of residence on the basis of a single community service sentence is contrary to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The minister has been instructed by the court to issue a VOG to the woman within three days of receipt of the judgment, or before next Friday.
The Country has been ordered to pay the cost of the trial, a total of 1,400 Antillean Guilders.
