“The applicant has been held in detention at H.M.P Dodds pending deportation for in excess of 17 months. Counsel for the Respondents conceded that as the applicant is a ‘stateless person’, his deportation and expulsion from Barbados could not now be achieved having regard to Barbados’ obligations under the 1954 Convention Relating to the Status of Stateless Persons.”
“In the circumstances, as the Minister Responsible for Immigration is unable to say when the applicant is likely to be deported from Barbados and as no evidence has been provided that his continued detention is necessary on ground of national security or public order, the Court holds that the applicant’s continued detention under the Immigration Act, is no longer reasonable or lawful and the applicant should be released from detention at HMP Dodds.”
Honourable Madam Justice Maureen Crane-Scott, Q.C., August 31, 2009
Barbados High Court decided the law on cases like Mr. Garcia two years ago!
Barbados Free Press has received a copy of an unreported Barbados court decision that is exactly on point in the Raul Garcia case.
Bajans can now state with certainty that Mr. Garcia is being illegally held at Dodds Prison by the Barbados Government – and that is according to the Barbados Supreme Court. Mr. Garcia’s sentence ended almost two years ago but he is still being held in a maximum security prison because he is stateless. (Main Raul Garcia article here)
Please read this previous court decision (below or at the link above) and you’ll understand that it is Prime Minister Stuart and his government who are the lawbreakers now, not Raul Garcia. Laws and court orders: do they mean anything to our Barbados government? DLP or BLP doesn’t seem to matter – our governments do what they want regardless of court orders.
IN THE SUPREME COURT OF JUDICATURE
Suit No: 117 of 2009
Consolidated with Suit No: 14 of 2009
THE SUPERINTENDENT OF PRISONS 1st RESPONDENT
THE MINISTER RESPONSIBLE
FOR IMMIGRATION 2nd RESPONDENT
ATTORNEY GENERAL OF BARBADOS 3rd RESPONDENT
Before The Honourable Madam Justice Maureen Crane-Scott, Q.C. Judge of the High Court
2009: August 31
Mr. Douglas Trotman in association with Miss. Veronica McFarlane for the Applicant
Ms. Irene Stephney, instructed by the Solicitor General for the Respondents
 This is an urgent application to secure the applicant’s release from Her Majesty’s Prison at Dodds (HMP Dodds) where he is detained pursuant to orders made by the Minister Responsible for Immigration under the Immigration Act, Cap. 190 of the Laws of Barbados.
 The applicant was born in Cuba on the 29th day of August, 1974. He entered Barbados as a visitor on August 24th, 2006 for a period of 1 month. On expiration of his 1 month entry permit, he applied for and was granted an extension of 15 days. Thereafter he illegally resided and worked in Barbados until January 22, 2008 when he was arrested by police and handed over to the immigration authorities.
 Following his arrest, the applicant was detained at the Grantley Adams International Airport for an initial period of 2 months. On March 18th, 2008 the Minister Responsible for Immigration signed orders for his deportation and detention pending deportation from Barbados. He was served with the Deportation Order on March 18, 2008 and thereafter transported from the airport to HMP Dodds where he still remains under detention pending his deportation. Continue reading