The Trinidad and Tobago High Court ruled on Tuesday that the 1951 Refugee Convention requirements do not apply to the twin island nation and cannot be implemented.
This means that all immigrants are subject to the Immigration Act’s restrictions, and as a result, all migrants, refugees, and asylum seekers can be deported even if they have registered with the UN High Commissioner for Refugees (UNHCR).Justice Frank Seepersad ruled over the case, which was initiated by Yohan Jesus Rangel Dominguez in order to overturn a decision by the Minister of National Security to issue a deportation order in March of this year.”Whether or not the process used in relation to the Claimant adhered to the principles of natural justice is a question that must be balanced against the need to ensure ‘fairness.'” The Claimant was interviewed, and his statements were duly recorded and included in the report that was delivered to the Minister. “In the circumstances, there is no merit in the claim that the Claimant was denied an opportunity to be heard or that he was treated in a manner that violated natural justice principles,” Seepersad wrote.
The court further stated that there was no discernible cause for the Court to overturn the Minister’s decision to issue a Deportation Order.
According to Seepersad, the duties outlined in the 1951 Refugee Convention, as well as the principle of non-refoulement, do not apply to the Republic of Trinidad and Tobago because there has been no domestic incorporation.
He also declared that Section 11 of the Immigration Act is not unconstitutional since it does not violate the rule of law or contradict with constitutional principles.
