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USA No-Fly List Vs. EU Residence of a third country national

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compulsiveworrier
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Joined: Thu May 05, 2005 9:17 am

USA No-Fly List Vs. EU Residence of a third country national

Post by compulsiveworrier » Thu May 05, 2005 9:29 am

USA No-Fly List Vs. EU Residence of a third country national


Dear All,

I ask this question(s) having read of incidents where airlines have been returned to the starting point because a passenger's name is 'similar' to one that is on the USA's no-fly list, although the person itself could be far far from the intended person, i.e. false positives, mistaken identities.

Specifically, I am interested in the effect on a third country national, who is legally resident in the UK or for that matter in another EU member state.

What happens if somebody's name does match on the list, although the person itself is far from the intended suspect? E.g. John Smith, James Smith are available by millions of dozens. Can the person return to his country of residence, i.e. the UK or the EU member state? Or will the person be forcefully be returned back to the country of origin?

Of course, I can understand the most recent case of KLM, where the 2 passengers did seem have a record. But what about other cases that have been in the news, e.g. BA 175 and other popular case is Mr. Stevens (Cat Stevens)? Of course, Mr. Stevens was a EU national - the persons have been EU citizens, thus allowed to return to their country of residence / origin.

In other words, what I am trying to subtly ask above, in accordance the handle that I am using ("compulsive worrier"): WHAT IF, "a" passenger, who is a third country national, legally and permanently resident in an EU member state, with a name that is similar to a name on the no-fly list (but is not the intended person), is allowed to board, but in due course the flight is returned to the starting point, does that passenger, without further review, lose his right to reside in that EU member state, based on suspicion and stigma of being a terrorist?

Would a mere suspicion of the passenger being a criminal and being tagged so by the US, cause the passenger to lose his residence in a state where he is legally resident, assuming no fault or error on his/her side.

Well, no, I've never had problems of any sort. But that is exactly why I posted under the handle "compulsiveworrier", :D based on me actually imagining the worst case scenario. :?

Thanks. Any views would be appreciated, especially substantiated, knowledgeable ones.

Thanks once again. Any feedback would be appreciated.

Quantum
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Joined: Tue May 10, 2005 11:04 pm

Post by Quantum » Wed May 11, 2005 2:27 pm

The thing about this no-fly list is there doesn't seem to be a mechanism yet to clarify or correct it.

Most developed countries practice 'due process', which means that if you are a legal resident, but are thought to be on the no-fly list, you will have the opportunity to prove that you are not the suspect. But I've heard it can be a difficult process, and you can't make any mistakes.

As time goes on, things will improve. If you have actual reason to believe your name resembles one on the list, rather than just being generally worried, I would avoid flying for the next year or so.

But my gut feeling is that the system is better than you may believe. Look at how many people fly trans-oceanic each day.

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