Sep 18, 2018 Last Updated 4:15 PM, Aug 30, 2018

WILL ALL CARICOM NATIONALS WHO ARE REFUSED ENTRY GET COMPENSATION?

No. The refusal of entry must be shown to constitute a breach of the right of entry, such as improper grounds for refusal, or a breach of the procedural requirements as set out by the Court. The Court awarded pecuniary and non-pecuniary damages in this particular case, based on the particular facts which were proven to the satisfaction of the Court.  The pecuniary damages (BDS$2240) represented certain travel and medical expenses which were proven by the Claimant. The non-pecuniary damages (BDS$75,000) were awarded because of the serious breaches of the right of entry (from arrival to unlawful departure), which the Claimant was able to prove. However, the Court noted the following -  

    • This was not an award for damages for breaches of human or fundamental rights.
    • The award of damages is not to be considered a remedy for assault or unlawful detention which are not actionable before the Court in its original jurisdiction.  

This award is not necessarily a precedent for all breaches of this right. The very serious circumstances of this breach merit compensation, however, the Court may consider in other cases of breach of right of entry that a Declaration of breach is appropriate relief.

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