Entitlement to subsequent limitation of entry ban
A foreigner who was expelled from Germany in 2000 for benefit fraud is entitled to a subsequent extension of his entry ban. The fact that the man had joined the terrorist organization Al-Qaeda in Afghanistan in 1990 and was imprisoned in the US prison camp Guantanamo from August 2002 to 2016 did not play a role in the decision, according to a statement from the Düsseldorf Administrative Court on Wednesday.
The man, who lives in the Netherlands, had sued the city of Duisburg. It had rejected a retroactive extension of the entry and residence ban. The court's decision is not legally binding. The court stated that the question of whether there was sufficient evidence for the danger of supporting a terrorist organization assumed by the city was not relevant. The deportation decision was not based on suspicion of terrorism.
According to a European directive in force since 2010, the duration of an entry ban may not exceed five years, even in old cases. This does not apply if the third-country national poses a serious threat to public order or national security. However, the man had been deported for benefit fraud.
According to the court, the man, who lives in the Netherlands, was allowed to enter the country for the hearing on Wednesday.
The decision not to extend the entry ban for the foreigner, who was expelled for benefit fraud, does not consider his past involvement in Al-Qaeda or time spent in Guantanamo. Various processes related to this case, such as the court hearing and the city's rejection of the extension, have involved the active participation of foreigners, including the man currently residing in the Netherlands.
Source: www.dpa.com
