The King on the application of Moin Alhashash -v- (1) Hon. Otis Morris, The Minister of Home Affairs, Transportation, Broadcasting, Energy and Utilities, and Telecommunication Commission (His Majesty’s Government of the Turks and Caicos Islands) (2) The Attorney General (CL 33 of 2023) [2024] TCASC 35 (7 August 2024)

This is an application for judicial review seeking an order of mandamus compelling the Government of the Turks and Caicos Islands (TCIG) to issue a travel document to the Applicant, who was granted asylum on 1st October 2022. The Applicant asserts that to exercise his constitutional right to freedom of movement, he must be free to leave and re-enter the Turks and Caicos Islands.

Background

The Applicant, being the first person ever granted asylum in the TCI, sought a travel document after receiving asylum. However, there has been inordinate delay, and TCIG is uncertain about what document can be issued and by whom. The Permanent Secretary of the Ministry of Home Affairs states that while the TCI previously issued its own passports, it no longer has the capacity to do so due to a directive from the UK. The UK Home Office and Foreign and Commonwealth and Development Office have been consulted.

The Application

The Applicant applies for specific disclosure of communications between TCIG and UK authorities regarding the issuance of a travel document. TCIG resists the application, claiming the documents are confidential and privileged.

Discussion

The Court finds the documents relevant and necessary for fairly disposing of the action, as they relate to the central issue of whether an order of mandamus would be futile due to TCIG's inability to comply. While TCIG claims confidentiality, the Court requires the documents to be produced for inspection, subject to safeguards against further disclosure.

Conclusion

The Court orders the documents to be produced for inspection and will determine whether disclosure to the Applicant's counsel is appropriate after examining them.