Judge to rule on asylum-seekers' status in July

HIGH COURT judge Justice Frank Seepersad wants the issue relating to the State’s obligations to asylum-seekers settled soon, as he says the situation continues unabated.

While acknowledging that the resolution of the matter was likely to find its way to the Privy Council for a final position, Seepersad said it was time to “get the ball rolling,” as there was no domestic law incorporating international treaties.

On Monday, Seepersad set a tight timetable for affidavits and submissions in a lawsuit filed by a Venezuelan man whom the Minister of National Security ordered deported in March.

A ruling on Yohan Jesus Rangel Dominguez’s lawsuit is expected on July 18, as Seepersad said he wanted to give his decision before the close of the law term at the end of that month.

Dominguez, 33, was charged with illegal entry in August 2022. His application said he fled Venezuela in fear of being persecuted by the Venezuelan government for lobbying for the Opposition.

He applied to the UN Refugee Agency (UNHCR) for asylum-seeker status and was subsequently approved.

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 of was illegal and he had a legitimate expectation that his status would be considered before he was ordered deported.

At a virtual hearing, Seepersad said he was concerned by the lack of incorporation of international conventions on refugees in domestic legislation as well as the relationship between the UNHCR and the Living Water Community, both of which are interested parties in the case.

“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."