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 summary

Case ID

JCPC/2021/0104

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

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

Luisa Del Valle Martinez Hernandez

Respondent(s)

Chief Immigration Officer

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.

Date of issue

23 November 2021

Judgment details

Judgment date

14 July 2022

Neutral citation

[2022] UKPC 29

Judgment links

Appeal

Justices

Lord Reed

Lord Kitchin

Lord Hamblen

Lord Stephens

Lord Lloyd-Jones

Hearing dates

Start date

17 March 2021

End date

17 March 2021

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