Five illegal immigrants granted judicial review
Four Cubans and a Somali national have been granted a hearing for the judicial review of their refugee claims. The Cubans are part of a group of fourteen who landed in Belize three months ago. The matter was never argued in open court because in the Chambers of Justice Michele Arana, Attorney for the Government, Magali Perdomo, agreed this morning that the illegal nationals should be given an opportunity to have their cases heard. In the interim, the Help for Progress office is providing food and accommodation at the refugee shelter in the Salvapan area of Belmopan. But Human Rights Attorney, Antoinette Moore, who secured the hearing, is seeking refugee status for the group on the grounds that they were fleeing persecution in their respective countries.
Antoinette Moore, Human Rights Attorney
“They feared going back to their countries, they feared other imprisonment for their political opinions or they feared that they might, in the case of the Somalian, be killed because of the ethnic clashes and the wars that are going on there. In those instances the Government of Belize is legally obligated to give these persons hearings to determine whether in fact they meet the criteria of a refugee and are to be given protection in our country.
The government, up to this point, had not seemed to be willing to do that but today the lawyer for the government has conceded that the Government of Belize, in fact, has not been complying with the law because they have no Refugee Eligibility Committee in place hear these kinds of matters that individuals in this situation should not be imprisoned, should not be detained and should not be deported without an opportunity to have their case heard.”
Marion Ali
“But don’t we have a Memorandum of Understanding with Cuba for the deportation of anyone found in Belize without proper documents?”
Antoinette Moore
“Indeed, there is a Memorandum of Understanding between Cuba and Belize. However, I’m sure most listeners and viewers have not seen that. The Memorandum of Understanding says that it is subject to domestic and international law, which of course means that the Refugee Act, our domestic law and the [United Nations] Refugee Convention which Belize is a party to would supersede that Memorandum of Understanding.”
Enrique August, Legal Protection Officer, Help for Progress
“Once it’s determined that these people will be given an opportunity to be recognized as a refugee in Belize it becomes the responsibility of Help for Progress with the Assistance of the United Nations to provide legal assistance to these people to remain in Belize. When I say legal assistance I’m referring to like providing basic shelter, food and their movement and facilitating their stay until a decision is made whether they remain in Belize or not.”
While five of the illegal nationals secured a court hearing this morning the Somali, was unintentionally not transported from the Hattieville Prison to the Supreme Court and only two Cubans appeared in Court. The other two who were granted a hearing are the son and husband of one of the applicants, so they automatically got a hearing when her application was granted. The others who arrived on the same trip and are still behind bars may also be seeking judicial review, but have not sought Moore’s assistance. While that is the case, News Five has learnt that funding for their repatriation has already been approved. There were originally sixteen people in the group, but two of them died during the rough voyage on the seas.
