Devant challenges TT's border exemption policy

GOVERNMENT’s border exemption policy is being challenged in court by UNC activist Devant Maharaj who wants a list of those who were given permission to return to TT.

He also wants copies of all applications which were approved by the National Security Minister since the borders were closed in March because of the coronavirus pandemic, as well as the policy and criteria being used to access to the criteria being used to assess applications.

Maharaj says in June, he filed a request under the Freedom of Information Act for the policy and is now challenging the National Security Ministry’s failure to provide a response.

He wants the court to declare that he is entitled to the information.

The former government minister was on Monday granted permission by Justice Ronnie Boodoosingh to pursue his claim. The time for filing it was abridged and a case management hearing is scheduled for July 29.

In his application, Maharaj claims that there are hundreds of requests from citizens stranded outside TT who are struggling to survive.

He said they included people who are seriously ill, in need of medical attention and medication, are destitute, homeless and penniless and some are pregnant mothers with new born babies.

“The claimant is at a loss to understand how such persons are being denied an exemption whilst other citizens are being allowed to return home,” the claim says.

He identified several high profile business people and others who have received exemptions while included a list of some 17 people he said contacted him.

The claim says people ought to know the criteria used to determine whether they can get an exemption or not and by keeping it secret the minister can unlawfully discriminate against citizens and cherry-pick who is allowed back into the country.

“Stranded persons who are being denied entry have no way of knowing whether they meet the criteria, what aspect of it they do not meet, whether they have been treated unfairly and whether they have been arbitrarily bypassed in favour of others in breach of their constitutional right to equality of treatment under the section 4 (d) of the Constitution,” the claim contended.

It also said if these people chose to pursue a case of discrimination, the must know what criteria is used and to withhold it would be to prevent access to justice.

“The failure to disclose the criteria by which applications for exemptions are being evaluated invests the defendant with totalitarian power which, in the circumstances, elevates him to the status of a God because his decisions effectively and in reality mean that he is choosing who will live or die given the desperation and ruination of many citizens who are stranded abroad,” it further added.

According to the claim, filed by attorneys Anand Ramlogan,SC, Jayanti Lutchmedial, Che Dindial and Ganesh Saroop, say those who are stranded outside TT and are in need of medical attention, are not qualified to do so where they are as they are not citizens of those countries.

“The exercise of such an important power and serious discretion in secret by the Minister is anathema to the concept to the rule of law, equality and justice,” the claim said, adding, “It also allows the defendant to allow friends, financiers and supporters of the ruling party to re-enter on the eve of our general elections which is scheduled for August 10 and so gain an unfair and unlawful advantage against the opposition party.”

Most recently, Minister Stuart Young has said the ministry has granted 4,515 exemptions so far and Government was carefully managing the return of citizens to prevent community spread of covid19.

He admitted there were still over 4,000 applications in the system.

In order to increase the number of people allowed to return, the government has since introduced new state-supervised quarantine facilities.