WHAT HAPPENS IF A CARICOM NATIONAL IS REFUSED ENTRY?

Where a CARICOM National is being refused entry into another CARICOM country, the Court has determined that the following procedures should be applied –

• The State must promptly give written reasons for a decision to refuse entry. 
• The State must inform the Community national of his or her right to challenge the decision.
• The State must provide an effective and accessible appeal or review procedure with adequate safeguards to protect the rights of the person denied entry both administrative and judicial.
• CARICOM nationals refused entry should have an opportunity to consult an attorney or a consular official of their country or to contact a family member.

While this case arose from the 2007 Conference decision, the judgment is applicable to the right of entry of all CARICOM nationals, which would include entry pursuant to any of the free movement regimes (i.e. Skilled Nationals, Right of Establishment, Provision of Services). CARICOM Member States are required to ensure that the above procedures are applied, whether through legislation or administrative action.