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Case details

Jesus Alexander Rodriguez Martinez (by his kin and next friend Luisa Del Valle Martinez Hernandez) and another (Appellants) v Chief Immigration Officer (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2021/0104

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

Whether the Appellant’s are entitled to a Writ of Habeas Corpus in respect of their ongoing immigration detention.

Facts

The Appellants are Venezuelan nationals who entered Trinidad and Tobago by boat. The First Appellant is a minor in the care of his mother, the Second Appellant. They contend that they have fled Venezuela due the humanitarian crisis occurring there.

The Second Appellant is subject to a deportation order and both Appellants are detained in immigration detention. The Appellants have submitted a Constitutional Motion contesting their deportation, pursuant to which the courts have issued interim injunctions prohibiting the Respondent from removing the Appellants from Trinidad and Tobago.

In January 2021, the Appellants applied for a Writ of Habeas Corpus alleging that they were unlawfully imprisoned. The High Court refused to order the release of the Appellants. The Court of Appeal upheld this decision. The Appellants now appeal to the Privy Council.

Parties

Appellant(s)

(1) Jesus Alexander Rodriguez Martinez (by his kin and next friend Luisa Del Valle Martinez Hernandez), (2) Luisa Del Valle Martinez Hernandez

Respondent(s)

Chief Immigration Officer

Appeal

Justices

Lord Reed, Lord Kitchin, Lord Hamblen, Lord Stephens, Lord Lloyd–Jones

Hearing start date

17 March 2022

Hearing finish date

17 March 2022

Watch hearing
17 Mar 2021 Morning session Afternoon session