[UPDATED]Judge stops four more deportations

A HIGH COURT judge has again stopped the immediate deportation of four Venezuelans – a mother and her three children.

Justice Avason Quinlan-Williams on Sunday granted an interim order preventing the State from removing the family who returned among a group of 26 to Trinidad on Tuesday after they were “escorted” out of TT’s territorial waters two Sundays ago.

The judge is also being asked to grant the family access to their attorneys and visits by their other family members already in Trinidad either on ministerial permits or with UNHCR asylum-seeker status. A relative of the family who filed the action is also asking to be able to provide personal care products, food and other items, including toys, to the mother and her children, ages 12, seven and two. The mother is also hoping to be allowed a cellphone to make contact with her relatives as well as attorneys.

The family of four were among 23 other Venezuelans who were removed from the Erin police station on Friday and taken to the state quarantine facility at the heliport in Chaguaramas to serve a 14-day quarantine period.

On Wednesday, Justice Quinlan-Williams also ordered the removal of a four-year-old boy, his mother and sister from the police station to the heliport where they will also quarantine for 14 days before being released in the custody of the children’s father who is a UNHCR asylum seeker and applied for a ministerial permit. That family has since been registered with the UNHCR and their deportation stayed until the case is determined. The mother and her three children are also expected to apply for asylum seeker status.

Attorneys for the Venezuelan family, Gerald Ramdeen, Dayadai Harripaul, Nafeesa Mohammed and Umesh Maharaj, went to the heliport after midday Sunday to serve the order which restrained the State from removing the four from the jurisdiction until their matter is heard. The attorneys were told by officials at the heliport that the four, and the other Venezuelans who came in on Tuesday, were still at the facility and were not among the 160 deported on Saturday morning.

The matter involving the mother and her children comes up for hearing on Monday at 6 pm, while separate applications are expected to be filed for them soon.

On Saturday, the same judge stopped the deportation of another group of 19 Venezuelans who were also being held at the heliport.

However, after attorneys, Criston J Williams, Kerrina Samdeo and Jerome Riley, were unable to serve the order or speak with their clients – since they too were unsure if they were among the 160 deported – they filed additional applications seeking answers. Just after 7 pm, the judge issued an order directing the minister of national security, the chief immigration officer and the Chief of Defence Staff to give an account for the status and whereabouts of the 19 by 10.30 pm Saturday. The Saturday night deadline was not met by the State and a virtual hearing was held at 8 am on Sunday at which attorneys for the State asked for additional time to respond. The judge allowed the request and the matter was adjourned for hearing on Monday at 7.30 pm.

In a revised release sent by national security ministry on Saturday night, the deportation of the 160 was announced.

The release reminded of the government’s “unprecedented humanitarian exercise” of a migrant registration exercise, in 2019, done out of concern for Venezuelans. The release said the result of this exercise was that 16,523 Venezuelans were registered and permitted to be legally in TT.

The release also mentioned the court matter involving the 19, saying the minister learned about it in a media report that an application had been filed and the judge made certain orders for “some Venezuelans who are in Trinidad and Tobago illegally.”

“While the Government acknowledges that there may be personal views surrounding the illegal entry into Trinidad and Tobago by persons, the Government, through the Ministry of National Security and other arms of the state, will continue to apply the laws and do all that it reasonably can to secure the borders and prevent illegal entry into Trinidad and Tobago. The measures being taken including the closure of our borders are to protect the health and safety of our citizens and those legally in Trinidad and Tobago,” the release said.

On Friday, immigration officials released 17 Venezuelan – 11 children and six adults, two of whom are in their 80s – from the state quarantine facility at the heliport in Chaguaramas and earlier this week, ten children and four mothers were also ordered released from the facility.

They were placed on orders of supervision but attorneys for the State could not say why they were released.

The 17 were also represented by Williams, Samdeo and Riley and when they appeared before Justice Joan Charles, the judge was told that the Venezuelans were released by immigration division officials. The two elderly Venezuelans were released in the custody of Leopold Rojas, the son of one of them who has a ministerial amnesty permit.

The State’s attorney could not say why they were released.

Earlier in the week when she released the ten children and four mothers, when she said a decision to detain minors set a bad precedent, attracted negative publicity for the country and there must be some type of intervention by the legislative arm of the State to ensure such incidents do not again take place in the future.

On Wednesday, Samdeo wrote to the immigration division asking for disclosure of any policy, written or unwritten, to address refugee/asylum matters in Trinidad and Tobago; any policy relating to the detention of those deemed vulnerable; and any declaration or notification by the Government that it has denounced the 1951 UN Convention on the Status of Refugees. They have not received a response but National Security Minister Stuart Young told the Parliament on Friday, there was a policy but he could not disclose it since it was subject to court action.

Quinlan-Williams on Wednesday also urged the State to develop a policy for treating with refugees since, according to her, they could not come to the court daily seeking to prevent their deportation.

This story has been adjusted to include additional details. See original post below.

A HIGH COURT judge has again stopped the immediate deportation of four Venezuelans – a mother and her three children.

Justice Avason Quinlan-Williams on Sunday granted an interim order preventing the State from removing the family who returned among a group of 26 to Trinidad on Tuesday after they were “escorted” out of TT’s territorial waters two Sundays ago.

The judge is also being asked to grant the family access to their attorneys and visits by their other family members already in Trinidad either on ministerial permits or with UNHCR asylum-seeker status. A relative of the family who filed the action is also asking to be able to provide personal care products, food and other items, including toys, to the mother and her children, ages 12, seven and two. The mother is also hoping to be allowed a cellphone to make contact with her relatives as well as attorneys.

The family of four were among 23 other Venezuelans who were removed from the Erin police station on Friday and taken to the state quarantine facility at the heliport in Chaguaramas to serve a 14-day quarantine period.

On Wednesday, Justice Quinlan-Williams also ordered the removal of a four-year-old boy, his mother and sister from the police station to the heliport where they will also quarantine for 14 days before being released in the custody of the children’s father who is a UNHCR asylum seeker and applied for a ministerial permit. That family has since been registered with the UNHCR and their deportation stayed until the case is determined. The mother and her three children are also expected to apply for asylum seeker status.

Attorneys for the Venezuelan family, Gerald Ramdeen, Dayadai Harripaul, Nafeesa Mohammed and Umesh Maharaj, went to the heliport after midday Sunday to serve the order which restrained the State from removing the four from the jurisdiction until their matter is heard. The attorneys were told by officials at the heliport that the four, and the other Venezuelans who came in on Tuesday, were still at the facility and were not among the 160 deported on Saturday morning.

The matter involving the mother and her children comes up for hearing on Monday at 6 pm, while separate applications are expected to be filed for them soon.

On Saturday, the same judge stopped the deportation of another group of 19 Venezuelans who were also being held at the heliport.

However, after attorneys, Criston J Williams, Kerrina Samdeo and Jerome Riley, were unable to serve the order or speak with their clients – since they too were unsure if they were among the 160 deported – they filed additional applications seeking answers. Just after 7 pm, the judge issued an order directing the minister of national security, the chief immigration officer and the Chief of Defence Staff to give an account for the status and whereabouts of the 19 by 10.30 pm Saturday. The Saturday night deadline was not met by the State and a virtual hearing was held at 8 am on Sunday at which attorneys for the State asked for additional time to respond. The judge allowed the request and the matter was adjourned for hearing on Monday at 7.30 pm.

In a revised release sent by national security ministry on Saturday night, the deportation of the 160 was announced.

The release reminded of the government’s “unprecedented humanitarian exercise” of a migrant registration exercise, in 2019, done out of concern for Venezuelans. The release said the result of this exercise was that 16,523 Venezuelans were registered and permitted to be legally in TT.

The release also mentioned the court matter involving the 19, saying the minister learned about it in a media report that an application had been filed and the judge made certain orders for “some Venezuelans who are in Trinidad and Tobago illegally.”

“While the Government acknowledges that there may be personal views surrounding the illegal entry into Trinidad and Tobago by persons, the Government, through the Ministry of National Security and other arms of the state, will continue to apply the laws and do all that it reasonably can to secure the borders and prevent illegal entry into Trinidad and Tobago. The measures being taken including the closure of our borders are to protect the health and safety of our citizens and those legally in Trinidad and Tobago,” the release said.

On Friday, immigration officials released 17 Venezuelan – 11 children and six adults, two of whom are in their 80s – from the state quarantine facility at the heliport in Chaguaramas and earlier this week, ten children and four mothers were also ordered released from the facility.

They were placed on orders of supervision but attorneys for the State could not say why they were released.

The 17 were also represented by Williams, Samdeo and Riley and when they appeared before Justice Joan Charles, the judge was told that the Venezuelans were released by immigration division officials. The two elderly Venezuelans were released in the custody of Leopold Rojas, the son of one of them who has a ministerial amnesty permit.

The State’s attorney could not say why they were released.

Earlier in the week when she released the ten children and four mothers, when she said a decision to detain minors set a bad precedent, attracted negative publicity for the country and there must be some type of intervention by the legislative arm of the State to ensure such incidents do not again take place in the future.

On Wednesday, Samdeo wrote to the immigration division asking for disclosure of any policy, written or unwritten, to address refugee/asylum matters in Trinidad and Tobago; any policy relating to the detention of those deemed vulnerable; and any declaration or notification by the Government that it has denounced the 1951 UN Convention on the Status of Refugees. They have not received a response but National Security Minister Stuart Young told the Parliament on Friday, there was a policy but he could not disclose it since it was subject to court action.

Quinlan-Williams on Wednesday also urged the State to develop a policy for treating with refugees since, according to her, they could not come to the court daily seeking to prevent their deportation.