There are major flaws with respect to how deportation matters are being conducted in T&T. This concern was raised by Dr Richard Ramoutar, in the aftermath of the recent deportation of 11 illegal immigrants to Ghana and Nigeria. Ramoutar is an expert in the field of migration, policies and transnational organised crimes. Speaking with the Sunday Guardian, Ramoutar explained that deportation was normally a last resort when dealing with an illegal immigrant.
“Deportation really is to be used in cases that deal with issues of terrorism threat, posing a danger to national security, a danger to the public, or having been here as a foreigner and committing any criminal offence. “Even though people may be illegal here, they still have human rights.” Sunday Guardian understands that about four Ghanaians who were among the group that were deported are married to T&T nationals and have children.
Asked to explain what recourse these Ghanaians might have, Ramoutar said they could appeal the deportation order at the Privy Council or at the United Nations on humanitarian and compassionate grounds. “T&T is part of the United Nations membership. We are living in a global village and, as such, we are signatories to numerous conventions. Inclusive are the Conventions on the Rights of the Child, Conventions on Refugees and against Transnational Organised Crimes.
“For those who married T&T nationals and especially those who have children who are born here, one has to bear in mind the reasons why the deportation orders were issued, whether they came in illegally or whether legally and overstayed their time or work permit, or never reported for any extension. Once you are married to a citizen of this country it changes the scope with regards to your status.
“It becomes a public interest matter when a T&T national is married to a foreigner because that foreigner now has an entitlement process for residence to be determined, whether the marriage is genuine or for convenience... When a child enters into the picture, we have to remember that T&T is a signatory to the Conventions of the Rights of the Child and we have to adhere to the protocols of the Conventions of the Rights of the Child.”
Ramoutar gave an example of Jamaican national, Mavis Baker, who overstayed her time in Canada. Baker, who gave birth to four children for different fathers, was issued a deportation order. However, she filed a case on humanitarian and compassionate grounds and was able to get residency.
“These children were then under the age of 18, they are born in Canada, and they have a right to live in Canada. So, the question was, are you going to separate the mother from the children? Where is the human part? And this goes for T&T as well. How are these children going to be dealt with...emotionally? Are they going to place them in a state care home?
“I think it calls for a widening of thought with the immigration legislation, upgrading of knowledge to the Immigration Department and having a broader dimension to their thinking, especially when coming to matters of this nature. We, just like Canada, are signatories to the Convention. We carbon copied Canada's immigration legislation. While they have forged forward, we remain predominantly stagnant, except for a few changes in the Caricom Treaty and the Caricom Skills Act.”
Ramoutar believes that the T&T Government is aware of the issues and is in the process of taking the appropriate measures to remedy the deficiencies in the Special Enquiry System and those matters that fall under the domain of deportation.
“I would want to think that the Government is very cognizant of these facts. They have a bunch of very competent people who can understand the dilemma and given the fact that they are now living in a globalised village. The mechanisms to address the situation very effectively, I would say, are already on the way.”