Appeal Court urges 'humane approach' in dealing with Venezuelan migrants in detention

TWO Appeal Court judges have urged parties to adopt a humane approach in treating a group of Venezuelan immigrants currently detained at the Heliport in Chaguaramas who are challenging their detention

The entreaty was made at the hearing of a procedural appeal filed by the State against a judge’s interim order in April in which he ordered the Chief Immigration Officer to make arrangements for the local UNHCR to meet with the group of 16, which includes children, to confirm their asylum-seeker status. Justice Devindra Rampersad also ordered immigration officials to release them on orders of supervision pending the outcome of a request for a permit from the National Security Minister and their claim for asylum. Any concerns regarding three children were to be sent to the Children’s Authority for immediate intervention.

The State appealed the judge’s orders but when it came up for hearing on Thursday, Justices Gregory Smith and Vasheist Kokaram referred to the Privy Council’s ruling delivered earlier that day and invited submissions on the implication the ruling had on the case before them. They have adjourned the hearing to October.

However, during the hearing, the attorney for the group, Criston J Williams, referred to a fresh evidence application he filed relating to the health of one of the women being detained at the heliport.

The long-stay migrant has been at the facility for more than a year and a half and has three children. It is alleged she attempted to harm herself at the facility and was treated at a hospital. She has since returned to the heliport and is at its infirmary receiving medication and being monitored.

Kokaram told the parties to try to adopt a collaborative and humane approach, if possible, coming to a consensual position without prejudicing the rights of either side.

The judges gave attorneys for both sides an opportunity to speak to each other. However, when they returned, senior counsel Fyard Hosein said the discussions got nowhere.

Earlier, he expressed concern that Williams was able to get a medical report from the doctor at the heliport, a commander in the Defence Force. He said it was “extraordinary” for the State’s witness to grant a medical and he would want to speak to the commander himself.

Hosein further suggested getting the court’s registrar to visit the facility to determine if any of the immigrants were seeking to be repatriated voluntarily.

However, Williams said he was concerned about the health and life of his client but this was dismissed by Hosein who said she was under medical care at the heliport. He said there was nothing “physically wrong with her…Her life is not under threat.”

However, Hosein said he wanted time to look at the fresh-evidence application and the medicals since he “may very well consent. I just want to respond to it.”

Orders were given for the filing of submissions both on the fresh-evidence application involving the health status of one of the migrants as well as Thursday’s Privy Council ruling.

It comes up for hearing on October 6.