Deportation of Mennonites must follow legal procedure: those involved retain right to legal assistance

That was emphasised by press judge Marjorie Sanches on Thursday, October 29, during an explanation to the media of the ruling. Suriname’s Aliens Act also provides, under certain conditions, options for challenging expulsion decisions.

Sanches explained that the district court judge only dismissed the company’s claim to prohibit the State from making preparations for a possible expulsion. This did not impose a court prohibition on the government, nor did it order the actual removal of the families concerned from the country.

After the ruling, the press judge could not indicate what would happen next to the Mennonites. According to her, that decision rests with the competent authorities.

Police spokesperson Michel Elskamp has meanwhile announced that preparations are being made to remove 63 Mennonites, including three babies, from Suriname on a charter flight. No departure date has been announced.

What does the Aliens Act prescribe?

Sanches’s explanation raises the question of which legal steps the State must go through before the families concerned can actually be expelled.

The Aliens Act 1991 (S.B. 1992 no. 3) and the Aliens Decree 1995 (S.B. 1995 no. 85) contain several provisions for this purpose.

Article 24 of the Aliens Act stipulates that foreign nationals who are no longer permitted to reside in Suriname may be expelled. However, this does not mean that every person without a valid residence permit can automatically be removed without further procedure.

Under Article 25, expulsion in the cases described therein must take place on the instructions of the responsible minister or an authority authorised to do so. Which body has jurisdiction depends, among other things, on the reason why lawful residence has ended.

Article 26 further stipulates that, in principle, a foreign national must be given a reasonable period to leave Suriname when an expulsion order is issued. This may be waived where interests of public order and peace, national security or public health oppose it.

Article 27 also stipulates that expulsion must not take place where removal is medically irresponsible because of the health condition of the foreign national or a family member. This must be apparent from a written statement by a recognised physician.

The Openbaar Ministerie van Suriname (Public Prosecution Service) explains on its website that the Vreemdelingendienst (Immigration Service) is responsible for the further administrative and logistical preparation of an expulsion. This includes arranging the necessary travel documents and transport to a country where admission of the foreign national concerned is guaranteed.

Possibility of challenging expulsion

The law offers foreign nationals, under certain conditions, options to challenge government decisions.

Article 32 of the Aliens Act provides, among other things, for the possibility of asking the president of the Republic of Suriname to review certain residence and expulsion decisions.

A specific condition applies to the expulsion of persons who resided in Suriname without lawful residence. On the day the expulsion was ordered, the foreign national must have had their principal residence in Suriname for at least three months and must have complied during that period with the applicable registration and notification obligations.

Article 33 stipulates that a request for review must, in principle, be submitted in writing and within one month after becoming aware of the decision concerned.

Submitting a request for review does not in all cases mean that an expulsion is automatically suspended. Article 34 describes the situations in which expulsion must not take place pending a decision.

In addition, Article 51 of the Aliens Decree stipulates that certain expulsion decisions must state reasons and must be communicated in writing to the foreign national concerned.

Article 64 of the same decree requires the authorities, in decisions against which the legal remedies referred to in the law are available, to inform the foreign national in writing about those options and the applicable time limits.

Immigration detention also has statutory conditions

Another legal aspect concerns the stay of the Mennonites at the location in Kraka, where they were accommodated after their removal from the Masoniagebied.

Article 28 of the Aliens Act regulates the circumstances under which foreign nationals may be detained. This may occur, among other things, where there is reason to suspect that someone will evade an expulsion. An order from the Openbaar Ministerie is required for this.

The law also stipulates that a foreign national detained on this ground is assigned legal counsel. Under Article 36, the foreign national concerned may request the district court judge in writing to lift the measure.

The Aliens Decree contains additional safeguards. For example, Article 54 stipulates that the lawyer of a detained foreign national has free access to their client and may speak with them separately under the statutory conditions.

It is unclear whether the stay of all Mennonites concerned in Kraka has legally been classified as detention in accordance with Article 28. Nor has it been established which individual decisions were taken in that connection.

Judge recognises company’s economic interest

Sanches further explained that the district court judge did recognise the economic interest of Suriname Green Energy Agriculture N.V. The agricultural company argued that it would suffer major damage to its business operations and investments as a result of the expulsion of the foreign employees.

According to the press judge, however, the district court judge ruled that this interest does not outweigh the State’s interest in enforcing immigration legislation.

During the hearing, the State argued that the persons concerned do not have valid residence and work permits. According to the explanation, an application for authorisation for a short stay had been rejected because the required documents were not in order. The company did not dispute the absence of valid residence permits.

According to the judge, the fact that the State had granted permission in 2022 to bring foreign employees to Suriname for the agricultural project did not mean that the company was exempt from complying with the applicable admission procedures.

Next steps depend on the State and legal action

The ruling gives the State room to continue the expulsion procedure. According to Sanches, the judge did not establish during the interlocutory proceedings that the government would act contrary to the applicable procedures in the event of an expulsion.

However, the legal options for the persons concerned to challenge certain immigration-law measures remain available. Whether they can make use of these depends on their individual situation, the decisions taken and the applicable statutory conditions.

Suriname Green Energy Agriculture N.V. may also appeal the ruling in the interlocutory proceedings. The company was also ordered to pay SRD 13.005 in legal costs to the State. This costs order was declared provisionally enforceable, meaning payment may be required even in the event of an appeal.