Hoger beroep van Rechtbank Haarlem, December 21, 2012
Spreker | gepubliceerd |
Datum uitspraak | 2012/12/21 |
Uitgevende instantie: | Rechtbank Haarlem |
201100853/1/V1.
Datum uitspraak: 21 mei 2012
RAAD VAN STATE
AFDELING
BESTUURSRECHTSPRAAK
Uitspraak met toepassing van artikel 8:54, eerste lid, van de Algemene wet bestuursrecht op het hoger beroep van:
de minister voor Immigratie en Asiel,
appellant,
tegen de uitspraak van de rechtbank 's Gravenhage, nevenzittingsplaats Haarlem, van 21 december 2010 in zaak nr. 09/44064 in het geding tussen:
(-)
en
de minister.
1. Procesverloop
Bij besluit van 10 augustus 2009 heeft de staatssecretaris van Justitie een aanvraag van de vreemdeling om hem een verblijfsvergunning regulier voor bepaalde tijd te verlenen afgewezen.
Bij besluit van 24 november 2009 heeft de staatssecretaris van Justitie het daartegen door de vreemdeling gemaakte bezwaar ongegrond verklaard. Dit besluit is aangehecht.
Bij uitspraak van 21 december 2010, verzonden op dezelfde dag, heeft de rechtbank het daartegen door de vreemdeling ingestelde beroep gegrond verklaard, dat besluit vernietigd en bepaald dat de minister een nieuw besluit op het gemaakte bezwaar neemt met inachtneming van hetgeen in de uitspraak is overwogen. Deze uitspraak is aangehecht.
Tegen deze uitspraak heeft de minister, thans: de minister voor Immigratie, Integratie en Asiel, bij brief, bij de Raad van State binnengekomen op 18 januari 2011, hoger beroep ingesteld. Deze brief is aangehecht.
De vreemdeling heeft een verweerschrift ingediend.
Vervolgens is het onderzoek gesloten.
2. Overwegingen
2.1. Onder de minister wordt tevens verstaan: diens rechtsvoorgangers.
2.2. In de vier grieven, in onderlinge samenhang bezien en samengevat weergegeven, klaagt de minister dat de rechtbank niet heeft onderkend dat de vreemdeling bij zijn aanvraag om hem een verblijfsvergunning regulier voor bepaalde tijd voor het doel arbeid in loondienst te verlenen, een EG verblijfsvergunning voor langdurig ingezetenen (hierna: EG verblijfsvergunning) diende over te leggen om krachtens artikel 17, eerste lid, onder h, van de Vreemdelingenwet 2000 (hierna: de Vw 2000) in aanmerking te komen voor vrijstelling van het vereiste een machtiging tot voorlopig verblijf (hierna: mvv) te bezitten. Nu de vreemdeling bij zijn aanvraag noch in bezwaar een EG verblijfsvergunning heeft overgelegd, heeft hij de afwijzing van bedoelde vrijstelling bij besluit van 24 november 2009 terecht gehandhaafd, aldus de minister. Voorts heeft de rechtbank, door te overwegen dat hij de vreemdeling ten onrechte niet in de gelegenheid heeft gesteld zijn aanvraag...
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