Court stops deportation of Russian asylum-seeker

CONSCRIPTED to fight against Ukraine, a Russian who fled to Trinidad and Tobago in 2023 was released from detention on June 21 by an order of the High Court.

Justice Joan Charles ordered the Immigration Division to put Ali Lakupov on an order of supervision and also put his deportation order on hold pending the outcome of his challenge against the Minister of National Security.

In his lawsuit, Lakupov contended he was a registered asylum-seeker, having applied to the UNHCR (UN Refugee Agency) for asylum in Canada when he and his wife entered Trinidad and Tobago legally on March 22, 2023.

Lakupov’s purpose in coming to Trinidad and Tobago was to seek political asylum because he feared persecution in Russia because of that country’s compulsory military enrolment for the Russian/Ukraine war. He deserted his post and fled Russia, his lawsuit said.

Lakupov feared his return to Russia would lead to his possible death and his being forced to perpetrate acts of terrorism against Ukraine.

He and his wife sought an extension to remain in Trinidad and Tobago four months earlier but were told they could not be accommodated. Lakupov e-mailed his travel documents, including his UNHCR card, but has not received a response from immigration officials.

Lakupov had been detained at the Immigration Detention Centre, Aripo, since October 6, 2023, since his arrest at the Debe masjid.

The reason for his arrest was his alleged possession of extremist material and his illegal status. The alleged extremist material was his Russian military identification card.

Five days after his arrest, he received an order of deportation. Twice he tried to leave TT after he received the deportation order but could not, as he and his wife were told they would only get back their passports – which were held when he was arrested – when he returned to Russia.

Initially, he said they were told the passports would be given to them when they boarded the aircraft. Because he was deemed a “risk passenger,” the airline did not permit him to fly.

In her decision, Charles said there was no evidence from the State to support its contention that Lakupov was an “undesirable applicant.”

In ruling that Lakupov had satisfied the test for the court to grant him leave to pursue his claim, the judge said the State failed to give him evidence of pre-approved entry into another country on the two occasions he tried to leave TT.

“The applicant has always been willing to depart this country. There is no reason why he could not be placed on an order of supervision with appropriate conditions until he can depart to a country willing to accept him.

“The applicant having attempted to extend his stay lawfully in this country by making the necessary application to the Immigration Division, his application ought to have been considered and a decision made on such application.

“Instead, he was arrested and detained by the police for three days, then handed over to the Immigration Division where a deportation order was made after an interview three days later.”

The judge said because of the procedure immigration officials adopted, Lakupov was deprived of the opportunity of a special inquiry.

He was represented by Elton Prescott, SC, Criston J Williams, Gabriel Glanville and Akinola Goodridge.

Representing the State were Candice Alexander, Aryanta Williams, Adana Hosang and Nikita Ali.