The Ministry of National Security has released the criteria being used to grant exemptions to persons stranded abroad due to this country’s ongoing travel restrictions for the COVID-19 pandemic.
The information was revealed by the ministry’s acting permanent secretary Gary Joseph in a response to a recent Freedom of Information Act (FOIA) request and lawsuit brought by political activist Devant Maharaj.
The disclosure also comes days after a family with two young children and an elderly woman stranded separately in the United States filed a lawsuit against the ministry over its previous failure to reveal the criteria.
Stating that the current criteria were set in collaboration with public health medical experts, Joseph noted that the first consideration is whether there is accommodation at either State-run quarantine facilities and at hotels, which have been designated as private quarantine facilities. He explained that the number of spaces at the facilities is affected by a mandatory “airing period”.
“For instance, positive cases require a longer “airing period” before the facility can be safely used again for quarantine purposes,” he said.
Joseph noted that consideration is also given to persons with serious or critical health issues, in particular, the elderly, and persons with new-born babies or young children.
Joseph further explained that the date when the application is made, the length of time the applicant has been out of the jurisdiction, the applicant’s reason for going abroad and the length of stay before the local borders were closed in late March, are also considered.
Applicants are also required to show their ability to make travel arrangements to return to T&T.
In the letter, Joseph noted that the factors are a “work-in-progress” and may be adjusted based on future advice from public health officials.
While Joseph revealed the criteria, he declined to disclose details on the applications submitted and those that were granted as he stated that such is not covered by the FOIA.
“Further, it is not in the public interest to disclose this information as the disclosure will result in dissemination of private information such as the health status of individuals which could impact negatively on the individual’s quality of life,” Joseph said.
Joseph also noted that if Maharaj is aggrieved by the decision he may either continue his lawsuit or lodge a complaint with the Office of the Ombudsman.
In the court filings, obtained by Guardian Media, lawyers representing Raehana Lorick, her family and Joanne Pantin contended their clients and hundreds of citizens stranded abroad deserved to know the criteria to determine whether or not they qualify and whether they had been discriminated against.
They claimed that by failing to disclose the information, the ministry effectively insulated exemptions granted by National Security Minister Stuart Young from judicial review.
Through the lawsuit, the group is seeking a series of declarations as well as an order compelling the disclosure. As the criteria have now been revealed, the group will have to decide on how to proceed with the case when it comes up for hearing today.
According to the evidence in their case, in late February, a seven-month pregnant Lorick and her first child left Trinidad to go to Canada for her to undergo an operation.
Shortly after arriving the Canadian hospital informed Lorick that it could no longer perform the procedure due to its focus on that country’s coronavirus response.
Lorick made arrangements with a hospital in Texas and flew there will her child.
Her husband was able to meet them in Texas just before this country closed its borders in late March. Lorick underwent the procedure and while she was recovering, her second child was born. Lorick made several requests through the ministry for exemptions for her and her family but received generic responses.
While abroad, Lorick was laid off from her job as the company that employed her suffered economic issues due to the pandemic.
As her husband has been away from his job for an extended period, he has been placed on no-pay leave.
The other member of the group identified is 61-year-old Pantin, of El Dorado. Pantin left the country in March to go to Miami to assist her daughter in taking care of her grandchildren while her son-in-law was recovering from an operation.
Maharaj and the group are being represented by Anand Ramlogan, SC, Renuka Rambhajan, Ganesh Saroop, Che Dindial and Jared Jagroo. Reginald Armour, SC, Vanessa Gopaul, Raphael Ajodha, Kendra Mark-Gordon and Ryanka Ragbir are representing the State.