- Forums
- Eurotrips
- Map
- Rail Passes
- Eurail Global Pass
- Eurail Select Pass
- Eurail Regional Pass
- Eurail Austria-Czech Republic Pass
- Eurail Austria-Germany Pass
- Eurail Austria-Hungary Pass
- Eurail Austria-Slovenia/Croatia Pass
- Eurail Austria-Switzerland Pass
- Eurail Benelux-France Pass
- Eurail Benelux-Germany Pass
- Eurail Benelux Pass
- Eurail Czech Republic-Germany Pass
- Eurail Denmark-Germany Pass
- Eurail France-Germany Pass
- Eurail France-Italy Pass
- Eurail France-Spain Pass
- Eurail France-Switzerland Pass
- Eurail Germany-Poland Pass
- Eurail Germany-Switzerland Pass
- Eurail Greece-Italy Pass
- Eurail Hungary-Croatia/Slovenia Pass
- Eurail Hungary-Romania Pass
- Eurail Italy-Spain Pass
- Eurail Portugal-Spain Pass
- Eurail Scandinavia Pass
- Eurail One Country Pass
- Eurail Austria Pass
- Eurail Bulgaria Pass
- Eurail Croatia Pass
- Eurail Czech Republic Pass
- Eurail Denmark Pass
- Eurail Finland Pass
- Eurail Greece Pass
- Eurail Hungary Pass
- Eurail Ireland Pass
- Eurail Italy Pass
- Eurail Norway Pass
- Eurail Poland Pass
- Eurail Portugal Pass
- Eurail Romania Pass
- Eurail Slovenia Pass
- Eurail Spain Pass
- Eurail Sweden Pass
- Booking
- Travel Tips
- Links
- Podcasts
IMP: USA No-Fly List - Impact on EU residence.
Wed, 05/04/2005 - 17:49
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 matches the USA’s no-fly list, although the person itself could be far far from the intended suspect, i.e. false positives, mistaken identities.
Specifically, I am interested in the effect on a third country national, who is legally resident in an EU member state.
So, 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? 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? In most cases, 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: 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.
Thanks. Any views would be appreciated, especially substantiated, knowledgeable ones.
I haven’t heard of such cases yet for foreigners. The only such incidents I’m aware of involved US citizens. However well-known foreigners are often denied entry to the US, or even turned back after having landed in the US (even though they may have a visa), not becuase they’re on a suspected terrorist list, but for political reasons (ie someone with a history of overt opposition to US foreign policy). Several professors, filmmakers, writers, journalists, etc, who have tried to travel to the US for lectures, conferences, exhibits, etc, have been denied entry to the US, even after having landed in the US. This is a an occurence that I have heard of.
Now, what you‘re talking about is different. I would imagine that
because it’s a flight security issue, not a political onethat you wouldn’t be allowed on the flight towards the US in the first place. (As opposed to being allowed on the flight, and then turned away after having landed in the US.) EU airports have complied with US security demands for all flights headed towards the US, and even for passengers headed to the US via a third destination (on a single ticket, ie a 2-leg journey). So, I would imagine that you don’t have to worry about being turned back after a long US-nound flight. Furthermoreand you’ll want to gather more information on thisit’s general practice for countrieswhen they deny someone entryto return them to the last country they were in, and not the country of citizenship/nationality. So, if this practice is applied, you will be returned to the EU country you’re living in, iffor some reasonyou are denied antry to the US after being allowed on the US-bound flight.My question is, why are you so worried that your name might be on the no-fly list? Have you encountered any such problems before?
beach-lunch-siesta-beach-shower-dinner-nightlife-repeat
Hello!
Thanks for the response.
Well, no, I’ve never had problems of any sort. But that is exactly why I posted under the handle "compulsiveworrier".
OK, that was a forced smile
.
Well, the question I asked is based on me actually imagining the worst case scenario. I agree that "a" passenger, whose name is similar to that of a suspect on the no-fly list, would not be allowed on a flight bound to the US in the first place.
But that have happened, e.g. BA 175 and other popular case is Mr. Stevens (Cat Stevens).
But, 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?
Are there any EU laws or directives that can apply here?
Thanks once again. Any feedback would be appreciated.
If you don’t mind sharing, I’m curious which country you’re from, and where you cuirrently reside.
Now, if you are legally residing in a particular country, then you don’t have to worry about re-entry, unless your legal residence in that country does not allow re-entry after having left the country. So, you’ll have to check with the immigration laws of the country you’re in, and the specifics of your residence.
Now, as for being on a no-fly list: people on the no-fly list are not prosecuted. They are simply denied boarding a flight. If this stands for the US nationals who I’m aware of this has happened to, then there is no reason to beleive that a non-US national trying to board a US-bound flight outside the US would suffer any negative consequences except for losing your seat and not being compensated for it. The US’s no-fly list has no legal authority outside US territory, nor is there any international obligation for sovereign countries to abide by it, with the exception of bilateral transportation agreements. (If you really were a suspected terrorist, than the US would have asked for your extradition a long time ago, and the local authorities would have found you). If
for some reasonyou are not allowed on US-bound flight, or a domestic US flight, as a cautionary measure because you have the "wrong" name, does not indicate that there is any evidence of you being a terrorist, nor does it suggest that the country of your residence should see this as such (especialy sicne it’s not even regarded as such by the United States itself). So, what I’m trying to say is, that you’re worrying too much, and even the wrost-case scenario (if it does happen) shouldn’t be as bad as you anticipate it to be.Do some internet research, and let me know what more info you come up with. This is not a widespread problem, so don’t be so worried about it. If you were given a visa to enter the United States, that should be a sign that you have nothing to worry about. That would probably explain why I haven’t heard of foreign nationals being affected by the no-fly list.
Why are we even talking about this? You seem way too worried over something that is highly unlikely to happen to you. There are two scenarios I can think of: most names on the no-fly list that I have heard of in the news were Anglo-Saxon names (like "John Smith"
, which makes sense because the vast majority of the US population is if Anglo ethnicity or Anglocized culture, so it looks like the FAA is afraid of domestic terrorism from certain US nationals. Another scenario I can think of is if you have an Arab name, seeing that this is the dominant ethnicity among foreign nationals asciated with anti-US terrorism (as 9/11). And even here, I would imagine that sharing a name with someone on the no-fly list should be slim.
beach-lunch-siesta-beach-shower-dinner-nightlife-repeat
The US no fly list has included the names the same as some "average" americans . these incorrectly identified people have had difficulty boarding flights while in the US. some have sued and others have had to obtain "
roof" they are NOT the "john Smith" on the no fly list.
.. the us no fly list ONLY affirms the US’s right to deny any person or flight to enter US airspace. this right is shared by all countries.
the US authority does not extend beyond the airspace of the country. even the guys on the KLM flight mentioned -(presumably the actual guys listed as no-fly)were allowed to go on their way unhindered when the flight eventually landed, free to try again the next day or whatever .. the US gov’t didn’t attempt to detain these people .
suprisingly passenger names are not passed on to US authorities until after the flight takes off. Thats why the KLM flight and others are diverted midair. Worse case scenario , and this is if the name DOES NOT match the individual , and this person is not wanted by international authorities…. upon landing this person can be temporarily detained, questioned, have their belongings check and once their identity is verified released