#unlawfull

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Dutch Court rules against detention and expulsion of immigrants at internal borders

A Dutch court has ruled that the detention and expulsion of a Ghanaian man without valid travel documents during a border control was "unlaw

A Dutch court has ruled that the detention and expulsion of a Ghanaian man without valid travel documents during a border control was "unlawful." The decision, made by the District Court of The Hague, has raised questions about the legality of the temporary internal border controls reintroduced by the Dutch government. The ruling concerns a 43-year-old Ghanaian national who was trying to travel from Spain to Sweden to extend his expired residence permit. After boarding a Flixbus in the Netherlands, he was detained in Germany for one day before being sent to the Koninklijke Marechaussee (Royal Military Police), who refused him entry into the Netherlands and placed him in immigration detention. The man had hoped to extend his permit in Sweden after traveling through the Netherlands. According to the court, individuals who are already within the Netherlands should not be expelled or detained at the internal borders between Germany and Belgium in the same manner as at the external borders, such as Schiphol Airport. The ruling states that such actions are not permissible under Dutch and European law unless the individual is at an external border. The court’s decision comes after Dutch Asylum Minister Marjolein Faber reintroduced temporary internal border controls in late 2024. The controls, executed by the Royal Military Police, treat the borders with Germany and Belgium as if they were external borders. Minister Faber argued that these measures were necessary to address high numbers of asylum seekers, despite a decrease in asylum applications in 2024, according to government data.

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