IS THERE A RIGHT TO ENTER ANOTHER CARICOM COUNTRY?

The Court has held that, unlike third country nationals, all CARICOM nationals have a right to enter another CARICOM country for an automatic stay of six months “hassle free” or “without harassment or the imposition of impediments”.  There are two exceptions to this right, which permits a Member State to refuse entry or a six month stay –

• where the CARICOM national is undesirable, or
• to prevent the CARICOM national from becoming a charge on the public purse. 

However, immigration officials do not have wide discretion to apply these exceptions. Member States must ensure that they adhere to Community law and standards in relation to the right of entry, even where their national laws may differ. The Court provide guidance for the application of these exceptions.