The Court has stated that to consider a CARICOM national “undesirable” he/she must be a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, such as the protection of public morals, maintenance of public order and safety, protection of life and health.
The Court also suggested that a reasonable test for assessing such a threat is that, as a starting point, it must be shown that the visitor poses a threat to engage in activity prohibited by national law, and that nationals who engage in such activity are also prosecuted or sanctioned.