Judge wants legal status of asylum-seekers settled

A HIGH Court judge is questioning the legitimacy of arrangements under which asylum-seekers are living in the country.

On Tuesday, Justice Frank Seepersad said he was concerned about the ad-hoc and unregulated way some illegal nationals are allowed to stay in the country indefinitely before they are sent somewhere else for resettlement.

He raised his concerns during the hearing of an emergency application for judicial review of a decision by the Minister of National Security to order the deportation of Venezuelan Yohan Jesus Rangel Dominguez on March 7.

It is not certain when he entered TT, but Dominguez, 33, was charged with illegal entry in August 2022. He reportedly came to this country out of fear of being persecuted by the Venezuelan government for lobbying for the Opposition.

His application to the UN Refugee Agency (UNHCR) for asylum-seeker status was subsequently approved. He said he has four children and was living in Point Fortin until police stopped him last year.

He pleaded guilty to illegal entry and was fined $2,000, which he paid, and was released so he could take care of his baby. He was put on an order of supervision and on March 7, served with a deportation order.

Dominguez is contending that the minister's decision was illegal and he had a legitimate expectation that his status would be considered before he was ordered to be deported.

At a virtual hearing, Seepersad said he was concerned at the lack of incorporation of international conventions on refugees in domestic legislation, as the issue was not new.

“At the same time, the State seems to be engaging the UNHCR and the Living Water Community,” he said.

Seepersad said it was his preliminary view that there could not be recognition of such status in the absence of legislation and policy.

“It disturbs me that, confronted with the continuing situation, those who enter illegally are relying on these international obligations and are not having some clear position on the state of the law.

“It is unsound and unacceptable,” he said.

However, the ministry’s attorney, Sasha Sukram, told Seepersad the Government did not recognise refugee status bestowed on anyone by the Living Water Community. She also said those who are deemed asylumseekers were not treated differently from anyone who has breached immigration laws, since there was no domestic legislation that incorporated the 1951 UN convention on refugees.

Since the ministry did not resist, Dominiguez was granted leave to pursue his judicial-review application. He will be put on an order of supervision and return to court on April 17.

Dominiguez is represented by attorney Shalini Sankar.