Domestic Violence and Immigration Law

A Landmark Victory Against Domestic Violence in Sint Maarten

In 2024, the Offices of Brooks & Associates established yet another precedent at the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and the BES Islands, tackling critical issues involving immigration, domestic violence, and women’s rights.

In the case of Castillo vs. the Minister of Justice of Sint Maarten, originating from events in 2021, a woman fled her marital home with police assistance due to physical and mental domestic abuse. The Minister of Justice at the time denied the applicant’s request for an extension of her residency permit, citing the fact that she no longer resided with her (ex-)husband, who was her guarantor. Despite the applicant’s formal objection, the Minister failed to grant her a hearing, violating the principles of good governance, and upheld the initial decision.

The applicant subsequently appealed the decision to the Court of First Instance of Sint Maarten, where she was represented by Senior Counsel Brenda Brooks and Co-Counsel Ashton Richardson. However, the Court ruled in favor of the Minister, prompting an appeal to the Joint Court of Justice.

During the initial hearing at the Joint Court of Justice, the panel of three judges expressed concern that the applicant had not been afforded the opportunity to be heard, despite the Minister being aware of the domestic abuse situation. Consequently, the Joint Court instructed the Minister to conduct a hearing with the applicant and to provide the Court with an updated position following this process.

After nearly a year of persistent reminders to the Ministry of Justice, a hearing was finally convened with the applicant and her counsel, Ashton Richardson. During the meeting, the Minister of Justice was presented with substantial evidence, including a police report corroborating the applicant’s account, a doctor’s report obtained at the police’s instruction following the incident, and photographs documenting the injuries sustained by the applicant during the physical abuse.

Despite this compelling evidence confirming that the applicant had fled her home with police assistance due to domestic violence, the newly appointed Minister maintained the rejection of her residency permit. The Minister argued, among other points, that there was insufficient proof of continued domestic abuse and even suggested that the “one-time incident” was potentially a result of the applicant’s alleged infidelity.

In response, Brooks & Associates delivered a comprehensive rebuttal to these claims. After receiving both parties’ submissions, the Joint Court of Justice convened a new hearing, during which the case was argued in detail.

On November 6, 2024, the Joint Court of Justice issued a ruling in favor of the applicant. The Court found that, based on the evidence presented both to the Court and to the Minister, the applicant had successfully proven that she was a victim of physical domestic violence. As a result, the Minister’s decision to deny the applicant’s residency was deemed untenable.

The Court quashed the Minister’s decision and instructed the Minister to issue a new decision within three months of the judgment date. Additionally, the Court ordered the Minister, and by extension Country Sint Maarten, to pay NAf. 3,500.00 in legal fees.

The case highlighted the controversial and unusually rigid stance of the (former) Minister of Justice regarding domestic violence. The Joint Court of Justice firmly rejected the Minister’s argument that domestic violence must be continuous or structural to warrant consideration. The Court appropriately emphasized that any instance of domestic violence—whether a single occurrence or ongoing—is relevant. The key issue is that abuse took place, and no individual should be forced to remain in a harmful relationship simply to retain their residency.

Sint Maarten’s current immigration legislation provides a solution in such cases, offering the possibility of an alternative residency permit for those in similar circumstances.

If you are experiencing domestic violence and feel trapped because your residency permit is tied to your spouse, know that help is available. Contact the Offices of Brooks & Associates for advice. The first step toward liberation begins with you.