Hinds: Refugees still protected under the Constitution

NATIONAL Security Minister Fitzgerald Hinds says he wishes to make it clear that a recent High Court judgment on refugees and asylum seekers does not mean they are no longer protected by the Constitution of TT.

On Tuesday, Justice Frank Seepersad declared that refugee seekers can be deported if they run afoul of local immigration laws.

The High Court ruled that the obligations under the 1951 UN Refugee Convention and the principles of non-refoulment do not apply to TT as they are not incorporated in domestic law.

This means all migrants are subject to the provisions of the immigration act and migrants, asylum and refugee seekers can be deported even if they have registered with the UN’s Refugee Agency (UNHCR).

Asked about this on Thursday, Hinds said constitutional democracy is practised in TT and that the Judiciary s a separate arm of the State.

"The court had, in front of it, that matter, and the court presided upon it and issued the findings, the judgment that it did. And we, as always, abide by, live by the outpourings of the court as we respect the independent jurisdiction of the court to have decided upon those matters."

He continued, "And the government, the executive, keeps pace. Whatever the court directs, orders, the executive of this country abides by it."

The topic of refugees, he said, is a matter of long-standing discussions.

TT signed on to the UNHCR’s 1951 Refugee Convention in 2000, but is yet to enact any domestic legislation.

Article 31 of the convention says no signatories are “to impose penalties, on account of their illegal entry or presence,” of any asylum-seekers.

Hinds said there are many international treaties that various countries engage in "and have different processes for incorporation into domestic law if the State desired to do so.

"This is a matter, as I indicated to the Parliament, that is under the constant review of the executive, and we are going to take into account what the court had to say."

Last week in the Senate, Hinds said the government is reviewing the national policy for refugees and asylum seekers created in 2014, as it is "sufficiently problematic."

Hinds told Newsday, "In the meantime, we deal with the issues and persons apply for and are considered for all aspects of their presence in TT. The immigration act in the main is what governs this and what the court effectively said is that all persons coming here, including asylum seekers and refugees, are subject to the immigration law, which I must tell you the court supervises in its jurisdiction by way of judicial review or other determinations under that law.

"So it does not mean that those so described in the judgment is without the protection of the Constitution and the law of TT in case anybody mistakes."

He said the laws of TT apply for all "and we understand as a matter of international principle, once you are present in TT, even constitutional rights are accorded to you because we observe those constitutional rights in accordance with the dictates of our Constitution.

"So be not mistaken, all are treated beautifully, well and fairly here and all benefit from the protection of the law in TT."