The Hague court has overturned the entry ban of an IT professional who was mistakenly labeled as a threat to state security by the AIVD. The State Secretary for Justice and Security had imposed a twenty-year entry ban based on this classification.
In early February, the court ruled in favor of the plaintiffs as reported in the pronouncement published on Thursday. The AIVD claimed that the individual was linked to a 'state hacker group that conducts espionage campaigns against countries and international organizations'. Allegedly, the IT professional had developed malware for this group, leading the AIVD to see him as a threat to national security.
Subsequently, the State Secretary enforced a twenty-year entry ban on the man and canceled the residence permits of his partner and their minor son, which were dependent on the IT professional's residency status and therefore revocable.
In 2022, the IT professional and his family challenged these decisions, claiming that the basis for the entry ban was insufficiently justified. Additionally, they stated that the IT professional was unaware of how his work and software were being utilized by the hacker group. The court concurred, stating that the official statement 'raises too many uncertainties'. Details such as the nature of the espionage activities, the type of malware involved, and the extent of the suspect's knowledge of his work's usage by the group were not adequately explained.It remains uncertain whether the State Secretary will appeal the verdict.
English (US)