A Cuban refugee has threatened to sue the Immigration Division for his unlawful detention at the Immigration Detention Centre in Aripo since March.
In a pre-action protocol letter sent to acting Chief Immigration Officer Charmaine Gandhi-Andrews on Friday, attorneys representing Yoandri Avila Cruz called on the division to justify his lengthy detention.
Cruz’s lawyer Elena de Silva contended that his continued detention is unlawful. His lawyer has blamed the division’s delay in processing his application for refugee status for her client’s continued detention.
“Our client has been detained for the last five months, which we submit to be sufficient time to determine whether his application was either abusive or manifestly unfounded,” de Silva said in the letter, which was obtained by the T&T Guardian.
According to the letter, Cruz entered the country as a visitor on January 20 and was detained by the division on March 8, while in the process of applying for the special immigration status.
Cruz was granted an Asylum Seeker Certificate by the United Nations High Commissioner for Refugees while he was detained.
He was expected to present the certificate at a Special Immigration Inquiry which was scheduled for July 26 but was postponed to August 3. The day before the scheduled hearing, his attorneys were informed it was cancelled.
On August 4, his attorneys were informed that the division was processing his asylum application and was in the process of verifying his certificate.
Despite authenticating the certificate last Wednesday, Cruz was not released.
In her letter, de Silva said that the division’s internal immigration rules provided that an asylum seeker could only be detained of their refugee status appears to be “abusive or manifestly unfounded”, which was not the case with her client.
“In our considered view, our client’s arrest and continued detention remain unlawful, since no power to arrest existed at the time of his arrest and he was not given an opportunity to be heard promptly by a judicial or other authority. Additionally, the Immigration Division has failed to conduct and conclude a Special Inquiry within a reasonable time,” de Silva said.
She also complained of the conditions of the centre.
“Our instructions are that our client is suffering from various medical ailments and is being denied adequate medical attention,” she said.
In addition to immediately releasing Cruz, de Silva also called upon the division to provide reasons for the delay.
Cruz’s lawyers intend to seek the release of their client through an application in the High Court. Cruz is also being represented by Devvon Williams.