A Venezuelan woman and her 13-year-old son, who were among a group of illegal migrants who returned to this country days after being sent back last December, have lost their appeal over remaining detained pending the determination of their substantive immigration lawsuit.
Delivering a judgement on Wednesday, Appellate Judges Prakash Moosai, Gillian Lucky and Mira Dean-Armorer dismissed the appeal of the mother and son, who cannot be named as he is a minor.
According to the evidence in the case, the group was detained shortly after arriving in Chatam on November 17 last year.
The migrants, the youngest of whom is four months old, were tested for COVID-19 and were all found to be negative.
They were then held in custody at several police stations, until they were placed on two civilian vessels and escorted out of T&T waters by the Coast Guard.
Three days later, they returned and were again detained.
Most of the group filed lawsuits over the State’s handling of them, as deportation orders were issued.
The woman and her son sought and obtained three orders barring their deportation pending the determination of their case.
They also filed a habeas corpus writ seeking their release pending the outcome of the case, which was denied.
In the appeal, the panel had to consider whether the State had a lawful basis to detain them and whether the lengthy period of their detention was unreasonable.
Dean-Armorer, who wrote the judgement, said that their detention was lawful, as the Immigration Act allows for detention pending execution of deportation orders.
She also ruled that their detention was self-induced.
“The evidence and the return of the writ suggest that it is within the power of the Appellants to end their detention. This will clearly end their restraint, as they return to their country and their liberty restored,” Justice Dean-Armorer said.
She said that the period of detention could not be considered unreasonable, as it is dependent on the determination of their case by a court.
“As long as the constitutional motion is receiving the attention of the Courts of T&T, it seems that the detention is within the band of a period which is reasonable,” she said.
Justice Dean-Armorer noted that the judge who refused their release was also right to consider the possibility of the mother and son absconding.
“Their illegal return, following their initial escort out of Trinidad, speaks eloquently of their desire to remain in Trinidad. They did so in breach of the laws of this and their own country. This is a real and relevant factor,” she said.
The Chief Immigration Officer was represented by Fyard Hosein, SC, Rishi Das and Raphael Ajodhia. The mother and son were represented by Gerald Ramdeen, Umesh Maharaj and Dayadai Harripaul.
Guardian Media understands that the relatives’ lawyers are considering lodging a final appeal over the issue before the Privy Council.