theddo

As far as I can tell he was offered to stay (in a facility) until his admissibility was determined and elected to not do that and return to his country of departure without any possibility to challenge that decision later on.

Saying well, I have a copy of my dad's residency card later on probably doesn't make a difference.

kburges

does the airline have any responsibility here with checking docs before boarding.

GUWonder

"As far as [you] can tell" would be a different matter if aware of the functioning of law in this area.

Even after denial of entry/readmission, an EU permanent resident jailed for day after day after day doesn't lose all possibility to challenge the decision of the EU government agent(s).

Did you make up the following situation, or are you sure that the following is all that happened?

As a matter of fact, how someone became a permanent residence in an EU country and who else in their family is a permanent resident is a factor in admissibility rights in this area.

GUWonder

If the Belgian government fined, tried to fine, or threatened to fine, the airline for such situation, then it could be so very amusing -- were the airline to catch wind of the denied entry passenger's legal right to enter the Schengen Zone en route to their EU residence.

I've had a Belgian friend denied entry to the US -- at JFK at that -- due to insufficient/improper travel docs, and he was turned around within hours and back in Brussels the next morning. Within a few days he was back in NYC with the visa he was required to have. No days and days and days of being locked up in the US. Who would have ever thought the US "passport control" types could be so much more efficient and gentler than their Belgian counterparts.

Tizzette

Are you going to have trouble entering/exiting Ireland if you have an EU permanent residency card and a US passport, but the passport only has 3 months till it expires?

kburges

a co work who flew from Scotland via lhr to India w/o visa he was just turned around and sent back. LHR & BA did not check his docs.

GUWonder

The airline usually checks passengers for a passport/ID when flying to a different country/zone for immigration purposes and often a visa if necessary; but with OLCI, physical checking has become less likely than it used to be right before OLCI became a sort of norm.

The airline isn't able to guarantee admissibility, even when the airline checks passports and for other admissibility requirements.

If a person does not have a legal right to be admitted into a country/zone, then ultimately the burden of having the means to be considered admissible falls upon the passenger. In the situation of a lawful permanent resident of an EU Schengen country, there is an applicable legal right to be admitted into the Schengen country/zone. Different kinds of situations.

Kagehitokiri

so they did not look for proof before putting him in process/system?

curious if OP followed up with question/complaint based on what GUWonder linked

Cargojon

I am a US Passport holder, like the OP's son. Why would I have any reason to believe that on a US Passport I'd be denied entry to Belgium in BRU?

Why the OP's son was put in a 3-day timeout is beyond me and something I would expect in Iran, not an EU country.

theddo

A US passport doesn't give you the right to stay in the Schengen area for 20 years. Signing a document stating you entered the country illegally means you will get deported.

GUWonder

Which form did the OP's son sign claiming illegal entry into the Schengen area? And given the OP's claims about the son are as mentioned by the OP, then lawful deportation is not what happened ..... unless you know details about the OP's son which haven't been mentioned to all of us in this thread.

Coercive, home-zone governmental behavior which denies free persons a timely return to their lawful permanent residence and locks up such innocents for days and days until they give up their right to a timely continuance to return home is the kind of disproprotionate (and rule of law violating) behavior that more people may expect from Iran than from an EU country.

JamesEaston

This is a fairly simple question, not sure why no one answered you. This is a partial list just off the top of my head:

#1 - You have in the past or more recently been overstaying your stay in the Schengen zone which allows for stays of 90 days in every 180 day period.

#2 - You are using a lost or stolen passport (being a "US Passport holder" does not mean it's valid, although obviously that's not directed at you but at the terms "US Passport" and "US Passport holder").

#3 - Like the OP's situation, you have European residency but fail to bring your card as required by law.

#4 - You are a wanted criminal.

#5 - You arrive on an expired passport (and yes, does happen !).

#6 - You arrive with no onward ticket/insufficient funds. Not sure if it happens, if so I'd guess very infrequently, but this would mostly affect someone young. It is officially a legal legitimate reason to be denied entry which was your question.

#7 - You do not have at least three months validity left on your passport.

#8 - You are caught after immigration during customs check bringing drugs or other illegal substances that would deny you entry, put you in prison and then extradited.

#9 - You smell really, really bad

GUWonder

The BRU passport control personnel are not lawfully allowed to deny entry to a Schengen country permanent resident directly en route to their Schengen country of residence unless one of a very limited set of conditions are met, with none of those conditions for denial of entry to permanent resident or citizen being related to the ability/inability to show the permanent resident permit/card.

They can delay admitting the person to validate documents/status, but denial of mobility rights of a home-returning permanent resident is a violation of EU rules unless one of a limited set of conditions are met, none of those limited set of conditions contingent upon the permanent resident card/permit being in a non-"lost/stolen/forgotten" category.

Unless you know details about the OP's son not presented in this thread, and/or unless the details from the OP's posts fall materially short of being a fair representation of a real, historical incident, then it seems that the OP's son has good cause to file an official complaint as per my suggestions above and have it pursued because the rules applicable to EU border control officials are well-established and their powers are circumscribed under the law when it comes to permanent residents and citizens.

MSPeconomist

#9? I hope you're joking.

What if the person appears to have some communicable disease or appears to have some medical condition which will necessitate costly medical care?

JamesEaston

Of course #9 was a joke ! Otherwise they'd never let me in.... (also a joke)

I'm not sure about the medical thing but it could be an issue as well. I wrote "off the top of my head" so the list may be incomplete.