On 14 December 2022, the Administrative Law Division of the Council of State ruled that the return decision and an entry ban of a foreign national with a right of residence in another EU Member State must be revoked.
- The press release by the Council of State is available here (only in Dutch)
- The judgment of the Council of State is available here (only in Dutch)
The case concerns a Nigerian man with a right of residence in Luxembourg. The immigration services have ordered the man to leave the EU immediately and issued an entry ban against him for a period of ten years, because he has been convicted of various crimes in the Netherlands. The authorities of Luxembourg eventually decided not to withdraw the man's right of residence. The IND then asssisted the man with his return to Luxembourg.
The Council of State emphasizes that an entry ban has effect in all the EU Member States. This means that an entry ban cannot be issued against a foreign national with a valid right of residence in another EU Member State. The immigration services will therefore first have to inquire with the other EU Member State whether the right of residence of the foreign national will be revoked. If the other EU Member State does not withdraw the right of residence of the foreign national or does not respond within a reasonable period of time, the immigration services will have to withdraw the entry ban.
According to the Council of State, Dutch law does not provide for the possibility to issue a entry ban that only applies to the Netherlands. It is up to the legislator to foresee in such a national entry ban in Dutch migration law.
The client was assisted in this procedure by Isa van Krimpen.