Uitspraak Nº 201701427/1/V2. Raad van State, 2018-11-21
Court: | |
Docket Number: | 201701427/1/V2 |
ECLI: | ECLI:NL:RVS:2018:3745 |
201701427/1/V2.
Datum uitspraak: 21 november 2018
AFDELING
BESTUURSRECHTSPRAAK
Uitspraak met toepassing van artikel 8:54, eerste lid, van de Algemene wet bestuursrecht op de hoger beroepen van:
1. de staatssecretaris van Justitie en Veiligheid,
2. [de vreemdeling],
appellanten,
tegen de uitspraak van de rechtbank Den Haag, zittingsplaats Arnhem, van 18 januari 2017 in zaak nr. 16/19266 in het geding tussen:
de vreemdeling
en
de staatssecretaris.
Procesverloop
Bij besluit van 29 juli 2016 heeft de staatssecretaris een aanvraag van de vreemdeling om hem een verblijfsvergunning asiel voor bepaalde tijd te verlenen, afgewezen, ambtshalve geweigerd hem een verblijfsvergunning regulier voor bepaalde tijd te verlenen en ambtshalve geweigerd krachtens artikel 64 van de Vreemdelingenwet 2000 (hierna: de Vw 2000) te bepalen dat uitzetting van de vreemdeling achterwege blijft.
Bij uitspraak van 18 januari 2017 heeft de rechtbank het daartegen door de vreemdeling ingestelde beroep gegrond verklaard, dat besluit vernietigd en bepaald dat de staatssecretaris een nieuw besluit op de aanvraag neemt met inachtneming van hetgeen in de uitspraak is overwogen.
Tegen deze uitspraak heeft de staatssecretaris hoger beroep ingesteld.
De vreemdeling, vertegenwoordigd door mr. A.C. Pool, advocaat te Den Haag, heeft een schriftelijke uiteenzetting gegeven en incidenteel hoger beroep ingesteld.
De staatssecretaris heeft een zienswijze naar voren gebracht.
Vervolgens is het onderzoek gesloten.
Overwegingen
1. Hetgeen in de hogerberoepschriften is aangevoerd en aan artikel 85, eerste en tweede lid, van de Vw 2000 voldoet, kan, mede gelet op de uitspraak van vandaag, ECLI:NL:RVS:2018:3735 in de zaak van de echtgenote en kinderen van de vreemdeling, niet tot vernietiging van de aangevallen uitspraak leiden. Omdat het aldus aangevoerde geen vragen opwerpt die in het belang van de rechtseenheid, de rechtsontwikkeling of de rechtsbescherming in algemene zin beantwoording behoeven, wordt, gelet op artikel 91, tweede lid, van deze wet, met dat oordeel volstaan.
2. De hoger beroepen zijn kennelijk ongegrond. De aangevallen uitspraak dient te worden bevestigd.
3. De staatssecretaris moet op na te melden wijze tot vergoeding van de proceskosten worden veroordeeld.
4. Deze uitspraak betekent dat de staatssecretaris ondeugdelijk heeft gemotiveerd dat de vreemdeling niet in aanmerking komt voor een verblijfsvergunning regulier voor...
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