Balasumdram, Kabilraj and Ors. v Derek Been, Director of Immigration and The Attorney General of the TCI (CL 44 of 2020) [2020] TCASC 12 (31 March 2020)

Citation: Balasumdram, Kabilraj and Ors. v Derek Been, Director of Immigration and The Attorney General of the TCI (CL 44 of 2020) [2020] TCASC 12 (31 March 2020)
Media Neutral Citation: [2020] TCASC 12
Court: Supreme Court of Turks and Caicos Islands
Case number: CL 44 of 2020
Judges: Simons QC, J
Judgment date: 31 March 2020
Language: English
Type: Judgment

Case summary: Writ of Habeas Corpus ad subjiciendum to issue. Costs reserved. The principal affidavit in the instant application is the First Affidavit of Mikhail Charles, an employee of Mr. Prudhoe’s law firm. To satisfy the requirements of Order 54 Rule 3, Mr. Charles paints a picture in broad strokes of 29 detainees sequestered away in the Immigration Detention Center without easy access to the outside world or legal advice. There is sufficient reason to believe that the Applicants wish to but are unable to make the required affidavits themselves (paras 7-9). The Court took judicial notice of the time and resources that TCI government agencies and senior officials must be devoting to management of the coronavirus/COVID-19 crisis, but it is precisely in times like these – times of danger and uncertainty - that the Court will be even more vigilant of individual liberties and evermore jealous of its guard over them (para 12).

Loading PDF...

This document is 1.5 MB. Do you want to load it?

▲ To the top