Ashley Ibrahim v The Chief Immigration Officer
| Jurisdiction | Trinidad & Tobago |
| Judge | Mr Justice Ronnie Boodoosingh |
| Judgment Date | 05 March 2020 |
| Neutral Citation | TT 2020 HC 78 |
| Court | High Court (Trinidad and Tobago) |
| Docket Number | Claim No. CV 2017-03368 |
| Date | 05 March 2020 |
IN THE HIGH COURT OF JUSTICE
the Honourable Mr Justice Ronnie Boodoosingh
Claim No. CV 2017-03368
Claim No. CV 2017-03369
In the Matter of an Application for Redress in Accordance with Section 14 of the Constitution by Ashley Ibrahim, Suing on her Own Behalf and as Next Friend of her Minor Child, Jamal Ibrahim and by Musah Ibrahim, Persons Alleging that Certain Provision of the Said Constitution have been Contravened and are being Contravened in Relation to Them
(suing on her own behalf and as next friend of Jamal Ibrahim, born April 4th, 2011)
and
and
In the Matter of an Application for Redress in Accordance with Section 14 of the Constitution by Paula Haddaway, Suing on her Own Behalf and as Next Friend of her Minor Children Named Below, and by Time Hunter Okoedo-Kings, Persons Alleging that Certain Provisions of the Said Constitution have been Contravened and Are being Contravened in Relation to Them
(suing on her own behalf and as next friend of Aaliyah Alexander born October 8th 2004, Aiteh Okoedo-Kings born July 28th 2008, Osereme Akhakomun Okoedo-Kings born November 25th 2009, Abumere Ehinome Okoedo-Kings born August 28th 2011 and Esosa Okoedo-Kings born May 16th 2015)
and
and
Mr Douglas Mendes SC leading Ms Leah Abdullah and Mr Clay Hackett and instructed by Mr Mohamed Haniff for the Claimants
Mr Duncan Byam, Deputy Solicitor General, instructed by Mr Brent James for the Defendants
This is a consolidated matter between two sets of claimants and the defendants. In claim CV 2017-03368, the second claimant is Musah Ibrahim, an immigrant from Ghana. The first claimant is his wife, Ashley Ibrahim, who is suing on her own behalf and as next friend of Jamal Ibrahim, the first and second claimants' son.
In the second claim, claim CV 2017-03369, the second claimant is Time Hunter Okoeda-Kings, an immigrant from Nigeria. The first claimant is his wife, Paula Haddaway, who is suing on her own behalf and as next friend of their five children, Aiteh Okoedo-Kings, Osereme Akhakomun Okoedo-Kings, Abumere Ehinome Okoedo-Kings and Esosa Okoedo-Kings, and Aaliyah Alexander who is Haddaway's daughter of a previous relationship.
Both sets of claims are brought against the Chief Immigration Officer and the Ministry of National Security with the Attorney General's Office as a party to the proceedings. In both claims, the deportation orders of the Chief Immigration Officer (CIO) and detention of the second claimants at the Immigration Detention Centre (IDC) are being challenged.
The background to both sets of claims are similar. The second claimants in both claims entered Trinidad without permission; to be plain, illegally, in breach of the immigration law. Musah Ibrahim entered Trinidad and Tobago on 14 th May 2009 while Time Hunter Okoeda-Kings entered Trinidad sometime around January of 2007. Both were fleeing difficult social and economic circumstances in their native countries.
Both were married to nationals of Trinidad and Tobago. Musah Ibrahim married Ashley Ibrahim on 18 th September 2010. Time Hunter Okoeda-Kings married Paula Haddaway on 1 st March 2008. In both marriages children were born as stated in the preceding paragraph.
The second claimants in both matters were held by immigration authorities. On 3 rd April 2013, Musah Ibrahim was arrested at Pier One, Chaguaramas. He was taken to the IDC facility, and subsequently to Remand Yard in Port of Spain from 5 th April 2013 to 23 rd April 2013. Time Hunter Okoeda-Kings was arrested on 21 st March 2013 at his home in Chaguanas.
Both of the second claimants suffered physical injury after alleged altercations with immigration authorities at the IDC facility. Musah Ibrahim's suffered an injury to the head allegedly obtained on 21 st July 2014 while Time Hunter Okoeda-Kings suffered a head injury and further injury to the body allegedly obtained on 8 th July 2014.
In the affidavit of Musah Ibrahim, he states at paragraph 56, that a ruling by Kokaram J was made in his favour that the immigration authorities could not detain him indefinitely at IDC or any other place and the CIO was given two months to either deport or conditionally release him. At paragraph 57, he states that through his attorney-at-law, he filed a Notice of Appeal on August 14 th 2014, for a stay or a quashing of the deportation order on humanitarian grounds. Despite this Notice of Appeal, the decision to deport continued and he therefore filed a Notice of Application for judicial review of the CIO's and Minister of National Security's (the Minster) decision to carry out the deportation orders. This application was dismissed by Kokaram J on 12 th November 2014 because there was no arguable case for judicial review on the grounds that the Notice of Appeal of 14 th August 2014, had not been sufficiently brought to the attention of the Minister. An application by the CIO and the Attorney General to extend the time for deportation was dismissed by Kokaram J on 12 th November 2014. He was conditionally released on 13 th November 2014 with one of the conditions being that he visit the immigration office regularly.
However, on 5 th December 2014, he claimed to have visited the immigration office but left soon after to attend an important doctor's appointment. He did not say whether he informed the immigration authorities of the doctor's appointment before or on 5 th December 2014. On 17 th December 2014, he voluntarily went to the immigration office with his attorney-at-law and was subsequently detained.
In the affidavit of Time Hunter Okoeda-Kings, he states at paragraph 17 that a Special Inquiry was held at the IDC facility on 2 nd May 2013. He was told that the purpose of the Inquiry was to determine whether he was a citizen of Trinidad and Tobago and that instructions were received from the CIO to deport him and he was asked to sign the deportation orders, which he did. At paragraph 19, he was told that he was entitled to appeal the decision within 24 hours for which he signed a Notice of Appeal.
However, in November 2013, he had been informed by an immigration officer that the appeal had been dismissed. He alleges that the dismissal was done without his input. Through his attorney-at-law he sent a letter to the Minister to revoke the deportation orders but was denied the revocation in a letter dated 23 rd November 2013. He was subsequently released on an Order of Supervision in care of his spouse pending repatriation and the deposit of a security bond. He alleges that the security bond was paid but immigration authorities refused to accept it. On 14 th July 2014 he was released.
On 31 st July 2014 an application was made to the Minister to quash or stay his deportation but no response was received. On 19 th November 2014, he visited the immigration office and was told to return on 21 st November 2014 with his return ticket to Nigeria to proceed with the deportation. He did not attend the immigration office on the 21 st November and on other days as requested by immigration authorities. He attended on 1 st December without his ticket and was told to return on 3 rd December 2014. He did not return. In mid-December immigration authorities declared him a fugitive. On 17 th December 2014, he attended the immigration office voluntarily and was subsequently processed and sent to IDC. His bond was revoked.
Musah Ibrahim and Time Okoeda-Kings detail the circumstances of their detention at the IDC in Santa Rosa in their affidavits. Both respectively shared a cell with three other detainees. Conditions were hot as the cells lacked sufficient ventilation. The cells had roaches and rodents. The food they ate was unpalatable; often being fed rotted meat and half cooked fish.
Finally, they both detail the hardship that their detention and deportation orders has had on their family life. Musah Ibrahim states that his detention has created difficulties for his spouse to look after their son as well as her work. Because of her work schedule, she is unable to effectively oversee the educational needs of their son.
Ashley Ibrahim also provided an affidavit. She indicated that through the assistance of her mother and father, meals and the educational needs of the child are overseen. However, this has placed additional strain on her parents.
Okoeda-Kings states that his family is experiencing difficult financial circumstances. His spouse is unable to take care of the five children because of her medical issues and her inability to work full-time. During the time of his detention, the children enquired about their father's return as they were not allowed to see him at the IDC facility.
Paula Haddaway also provided an affidavit. She states that prior to his detention, her husband had a close relationship with the children. Therefore the children frequently ask her about his whereabouts. This has affected them emotionally and psychologically prompting her to have them undergo psychological counselling at the Life Hope Centre in Chaguanas.
Musah Ibrahim and Okoeda-Kings also state that removing their families from Trinidad and Tobago to Ghana and Nigeria respectively, will place the children in difficult circumstances, educationally and financially.
The parties filed written submissions and attended an oral hearing on 4 th...
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