Judge refuses midnight injunction to Venezuelan

A HIGH COURT judge has denied an injunction to a former Venezuelan mayor who fears political prosecution and execution if he is deported from Trinidad.

At 1 am on Wednesday, Justice Frank Seepersad refused the injunction sought by Delvis Jose Reyes Garcia and declined to grant ex-parte leave for him to challenge the National Security Minister’s deportation order.

A certificate of urgency filed by Garcia’s attorneys said, “The intended applicant/applicant may potentially be killed by the Government of Venezuela and/or the cartel if the deportation order issued on October 20, 2023 by the Minister of National Security is executed.”

Seepersad has ordered the documents to be served on the minister, the UN Refugee Agency and the Living Water Community and for the docketed judge, Justice Ricky Rahim, to determine, after a hearing, whether leave or the injunction should be granted.

In his ruling, Seepersad said he took into account his previous decision on the status of the 1951 Refugee Convention in Trinidad and Tobago and his declaration that its obligations did not apply and can't be enforced her, since the treaty obligations were not incorporated into local domestic law.

He also ruled that the principle of non-refoulement was not binding on TT, as it conflicted with provisions of the Immigration Act.

He also said he considered that the deportation order was issued on October 20, so there was no need for an emergency hearing at 12.30 am.

Garcia is challenging the minister's failure to consider his refugee status and arguing that the deportation order was illegal, irrational, invalid, null and void.

He is hoping the court will also quash the deportation order, but in the interim, is hoping for an injunction to stay it until his claim is determined temporarily.

Garcia, 36, is being held at the heliport in Chaguaramas. He was detained on September 22 in Cocorite. The application said he entered TT illegally after fleeing Venezuela when he was threatened for lobbying with the opposition party in the South American country.

He has registered as an asylum seeker with the UNHCR. The application is pending.

Garcia was elected mayor in 2021 for the district of Guiera Estedo Suera. He claims the election was stolen from him and he had to go into hiding after the ruling party refused to acknowledge his success in the election.

He has also protested against the Venezuelan government’s failure to provide basic amenities for citizens and is afraid of being persecuted for lobbying against the Nicolas Maduro regime.

“The intended applicant/applicant indicated that he had a real fear that there being a cartel associated with the Government, that he would kill him upon his return to Venezuela. He indicated that due to his position and level of influence in the elections once the government becomes aware of his presence in Venezuela he will be shot and killed and the deportation order for him is a sentence to death.”

Garcia is married with three children and his family is said to be hiding in Venezuela . The application said he hopes he can be resettled or allowed to stay in TT after being declared a refugee.

His attorneys have tried in vain to meet with him at the heliport, the application also said.

A Trinidadian who said he was Garcia’s friend said he was willing to have him stay at his home in Freeport if the court allowed.

Garcia is represented by attorneys Kiel Taklalsingh, Keron Ramkhalwhan and Shalini Sankar.