The Queen (on Application of) Kajeepan, Paintamilkavalan, et al v Hon. Arlington Musgrove, Minister of Immigration, Derek Been, Director of Immigration and The Attorney General of the Turks and Caicos Islands (CL 43 of 21) [2022] TCASC 12 (11 May 2022)

Citation
The Queen (on Application of) Kajeepan, Paintamilkavalan, et al v Hon. Arlington Musgrove, Minister of Immigration, Derek Been, Director of Immigration and The Attorney General of the Turks and Caicos Islands (CL 43 of 21) [2022] TCASC 12 (11 May 2022)
Media Neutral Citation
[2022] TCASC 12
Court
Supreme Court of Turks and Caicos Islands
Case number
CL 43 of 21
Attorneys
,
Judges
Simons QC, J
Judgment date
11 May 2022
Language
English
Type
Judgment
Flynote
Administrative Review
Case summary
The order for mandamus was refused. The Court found that Director of Immigration may only act in so far as empowered by law. Here, the applicable law is the Immigration Ordinance. The Court found that the Immigration Ordinance, excludes asylum seekers from the category of persons who may engage in gainful occupation in TCI. In the absence of legislation empowering the Director of Immigration power to grant permission to work to the Applicants, he could not do so. The refusal of permission for gainful employment was based on the Immigration Ordinance not guaranteeing a right to asylum seekers to employment.  No policy exists pertaining to the right to work of asylum seekers. No policy or policies guided the decision to refuse the Applicants permission for employment.   
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