26 Indian students loose court case against Dutch Ministry of Foreign Affairs.
The Hague 12th of February 2010
The request of the 26 students was denied. The Judge said in his verdict that considering the given information it is highly uncertain whether the students can actually start their study at the European University. The possibility that students could change to another university straight after their travelling to the Netherlands is not relevant to the present visa circumstances. The Judge argued as well that the Minister of Foreign Affairs during the court hearing stated that students are free in choosing another Dutch university. Concluding the Judge argued that the Minister of Foreign Affairs was in his right to put a stay on handing out the visa labels to the 26 students.
Comment from the plaintiffs (26 students)
The verdict does justice to all aspects which have been brought to trial by all plaintiffs. The Judge which in essence only had to consider the case against the refusal of the Ministry of Foreign Affairs did also consider the criminal investigation against the university and of course the Judge also reflected on the negative report by the Inspectorate Higher Education. However it is to be regretted that neither the Public Prosecutor nor the Ministry of Education were present at the court hearing..
In spite of this, the Judge in The Hague did his utmost to keep an open mind to the interests of the students. Despite the fact that during the court hearing a lot was disputed with regards to the case, the Judge could no other than state that the suspicions against the director of the European University are a fact which in itself is an argument against issuing a visa to the students.
Even more considerations were voiced by the Judge about the report of the Inspectorate Higher Education. It appeared to the Judge that the director of the European University did not react to the content of the inspectorate’s draft report which was sent to him for comments in October 2009. Because of that a number of shortcomings were not disputed. The Judge could do no other than consider that the findings in the report of the 9th of December 2009, which were not disputed by the institute, contain facts and circumstances which also move against issuing a visa.
Counsel for the students is gravely disappointed that the European University did not react to the criticism in the report of the inspectorate, this being the reason why the Judge was afraid to let these 26 students come to the Netherlands to study at an institute of which the continuance is ‘highly insecure’.
The FE-group, the company responsible for recruiting these students will now as soon as possible work out alternative solutions for these students. It will be researched if other institutes in Holland are prepared to help these students with a study place, at which the FE-group certainly realises that these proceedings in itself take more time. The FE-group have asked the lawyer representing the students to enter into negotiations with the immigration service to see if these students could get a special arrangement to minimise the loss of study time. It speaks for itself that those students disappointed in this result and who want to withdraw completely from studying in the Netherlands will get the possibility to ask their tuition fee back from the European University.
Dutch Ministry of Education shuns court case
The Hague, 9th of February 2010
It took a whole morning pleading the case at the district court of The Hague. The court hearing itself was a bit one sided. From the side of the students preparation was good, with some expert advice offered by a witness for the students, and their lawyer was pleading extensively whereas the lawyer for the government his defence was very formal and suggestive. The student’s lawyer visited India at the start of January to investigate if their Dutch university was engaged in human trafficking. He could find no proof of that, and presented his findings in a report to the court as well.
Unfortunately the public prosecutor and the director higher education from the ministry didn’t show up. They were asked by the lawyer for the students to appear and give witness to their attempts to break the university where the students were planning to study at. The judge didn’t deem it necessary to summon them on his accord, so their reasons for the unlawful actions against the university staff are still unclear and appear malicious.
The court hearing this morning was well visited with public and fellow lawyers interested in the case. Several university staff among them the Dean, and Indian students of the European University were present as well. Two weeks ago, more than 100 students signed a petition to the Minister of Education to save their school, with now the result that not even a representative of his Director Higher Education showed up at the court hearing.
The judge faces a heavy task: whether to decide to kill off the university, or to bypass the Minister of Foreign Affairs and granting the 26 students their rightful visa. This decision would be sensational and turn the Netherlands upside down. In fact in that case a judge would turn over a government minister and this can even lead to severe political consequences. If the judge rules negatively he will be responsible for in fact closing the university. His ruling will be given on another public hearing this Friday noon.
The students lawyer afterwards was contacted by both the Dutch National Press Agency and Andrapresse for an interview. These interviews will be distributed among all Dutch newspapers, radio and television stations. Interested media can reach the lawyer through telephone.
These are exciting days.
26 Indian students file a court case against the Dutch Ministry of Foreign Affairs
The Hague, 6th of February 2010
This Monday 09:00 AM a court case hearing (request for provisional judgement) against the Dutch Ministry of Foreign Affairs is filed with the district court in The Hague by 26 students from India. The students want to study at the European University of Professional Education (EUPE) in The Hague and are waiting since September 2009 to be admitted in the Netherlands.
All 26 students already have a permission letter from the Dutch immigration authorities granting them a visa. The Dutch Ministry of Foreign Affairs however is stopping the issuance of the visa label so the students are unable to travel to the Netherlands and start their studies. The aim of this court hearing is the immediate issuance of the visa label and subsequent entrance in the Netherlands.
The lawyer representing the students issued a witness order (summons) to the Public Prosecutor and a high ranking officer of the Dutch Ministry of Education (Director of Higher Education) to appear voluntarily to explain their attempts to close the European University. Also a representative of the Indian Embassy to the Kingdom of the Netherlands in The Hague has been invited to attend.
The court hearing is Monday 8th of February 2010
Starting at 09:00 AM, court room A
Palace of Justice The Hague, Prins Clauslaan 60, The Hague
The Netherlands
