CJ quashes order to Deport Haitians 

…rules that there was a breach of natural justice and the constitution 

By Svetlana Marshall

Chief Justice (ag) Roxane George has quashed the deportation orders which were granted by the Magistrates’ Court against the 26 Haitians, who were detained by the State, on the grounds that there was a breach of natural justice.

“It is my ruling that based on the application and what’s on the file, there was a breach of natural justice regarding the issuance of the deportation orders,” Chief Justice George said as she handed down her judgement in the High Court on Wednesday.

On December 3, Principal Magistrate Sherdel Isaacs-Marcus, had granted orders for the 26 Haitian nationals to be deported, however, the Chief Justice, in quashing the orders, said there was a clear breach of the natural justice provisions.

“My reading of the provisions, especially Section 16 and 28 of the Immigration Act, indicate that the subjects [the Haitians] should have been taken to Court so that they could be heard,” the Chief Justice explained.

When the case – Allandres Archer-v-The Attorney General – came up in the High Court on December 18, 2020, the Chief Justice had asked the Attorney General Anil Nandlall to indicate whether the Combating of Trafficking in Persons Act was strictly complied with by the State in the handling of the Haitians, whom the State claimed were alleged TIP victims.

On Wednesday, the Chief Justice said though the directions of the Court were received, they were not complied with. Further, she said it is also clear that Article 139 of the Constitution, which provides for the protection of the right to personal liberty, and Article 148, protection of freedom of movement, were also breached.

The Haitians, seven of whom were children, were arrested hours after their arrival in Guyana on November 7, and transported to the Hugo Chavez Centre for Rehabilitation and Reintegration at Onverwagt, Region Five on November 10.

The Ministry of Home Affairs had said that the Haitians were part of a Human Trafficking ring, but the President of the Association of Haitian Nationals in Guyana, Kesnel Toussaint, in rebuffing the claim, said the Haitians were all granted a six month stay upon their arrival in Guyana on November 7, 2020.

After detaining the Haitians for close to a month, the State had moved to the Magistrates’ Court to secure deportation orders, however, when the Chief Justice on December 3, suspended the Orders pending the hearing and determination of the case, it days later took a decision to release the Haitians.

Earlier this month, the Attorney General Anil Nandlall, had moved to the High Court to have the case challenging the Haitians’ deportation struck out but the Chief Justice, while describing the application as strange, said it lacked merit, and as such it was thrown out.

The Haitians were represented by Attorney-at-Law Daren Wade.