Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Freedom of movement application fails at the ccj
News
May 31, 2019

Freedom of movement application fails at the ccj

‘The appropriate travel document to invoke the right of freedom of movement is the CARICOM passport’

CARICOM citizens have important rights, but to exercise these rights clear documentary evidence of their nationality is required.

This was the outcome of the case of Bain vs. Trinidad and Tobago, that was decided on May 29 by the Caribbean Court of Justice (CCJ). Mr Bain, a citizen of both Grenada and the United States of America, had claimed that his right to freedom of movement was infringed when he was denied entry into the twin-island state when arriving from Grenada just before midnight on 14 December 2017.

He presented himself as an American citizen, producing only his USA passport, as his Grenadian passport had expired some years earlier.

Upon arrival at Piarco International Airport, immigration officials questioned him concerning information they had received about a man with the same name who has convictions on drug-related offences. Although he denied any drug convictions, Bain was refused entry and was sent back to Grenada on an early flight on 15 December 2017, although he had also informed the immigration officers that he was a citizen of Grenada and thus entitled to freedom of movement in Caribbean Community (CARICOM) states.

As evidence of his citizenship, Bain had produced his Grenadian driver’s licence, which stated that he was a Grenadian citizen. He also showed his Grenadian voter’s identification card which stated that he was born in Grenada. In addition, his USA passport also listed Grenada as his country of birth. These documents, Bain argued, should be enough to invoke his right of freedom of movement, as explained by the CCJ in Myrie v State of Barbados In its judgment, the Court determined that, while there was no doubt that Mr Bain is a Grenadian citizen, he did not present sufficient documentation to prove it to the immigration officers. The presentation of the Grenadian driver’s licence and voter’s identification card was not sufficient. Unlike the Grenadian passport, neither document was meant to serve as evidence of citizenship. In addition, they were neither machine-readable nor designed to be stamped by immigration officials.

The Court also rejected the argument that the notation in Mr Bain’s US passport that he was born in Grenada, conclusively proved citizenship. It was noted that it was possible that Mr Bain could have renounced his citizenship, or have it stripped away by the Grenadian government, while mere birth in a country does not always automatically evidence citizenship.

The CCJ considered whether Mr Bain waived his right to free movement, as a national of Grenada, when he presented his US passport. The Court noted that if someone with dual citizenship exercises their rights attached to one nationality, it does not eliminate their other nationality and the rights attached to that citizenship. Therefore, if Mr Bain was denied entry based on his US passport, he could still claim his rights under the Revised Treaty of Chaguaramas if he could forthwith prove that he is Grenadian citizen.

The Court also relied on submissions from the Caribbean Community which stated that the “appropriate travel document to invoke the right of freedom of movement is the CARICOM passport or a passport issued by a CARICOM Member State”. The CCJ concluded that all the documents Mr. Bain presented did not conclusively establish his Grenadian nationality. In the judgment, the Court emphasised that the “onus lies upon an intended entrant into a CARICOM Member State to establish that he or she is a national of such a State with the right to freedom of movement”.

The CCJ dismissed the claims against Trinidad and Tobago and ordered the parties to bear their own costs. The full judgment of the Court, and a judgment summary, are available at www.ccj.org.

  • FacebookComments
  • ALSO IN THE NEWS
    Slater traduced on social media, attacked at home
    Front Page
    Slater traduced on social media, attacked at home
    Webmaster 
    May 8, 2026
    Acting head of the Agency for Public Information (API) Nadia Slater, who was beaten at her home during a period where she was being traduced on social...
    Nurse gains her PhD, sets her eyes on more
    Front Page
    Nurse gains her PhD, sets her eyes on more
    Webmaster 
    May 8, 2026
    Driven to achieve academically, Samantha Burnett- Harry, a lecturer at the Division of Nursing Education, who recently obtained a PhD in Nursing, stil...
    Gov’t proceeding with development bank despite caution from IMF
    Front Page
    Gov’t proceeding with development bank despite caution from IMF
    Webmaster 
    May 8, 2026
    Government plans to move forward with its general elections campaign promise of establishing a National Development Bank, stressing that if properly m...
    Lawyer hints at legal action against Commissioner
    Front Page
    Lawyer hints at legal action against Commissioner
    Webmaster 
    May 8, 2026
    Lawyer, Grant Connell has hinted at the possibility of pursuing legal action against Commissioner of Police (COP) Enville Williams regarding statement...
    North Leeward Carnival launch set for Saturday
    Front Page
    North Leeward Carnival launch set for Saturday
    Webmaster 
    May 8, 2026
    North Leeward kicks off its 2026 Carnival programme on Saturday, May 9 at the Chateaubelair Park from 1:00 p.m in the form of a Launch and Night of Cu...
    Vincentian Educator Among Top Three US Principals
    Front Page
    Vincentian Educator Among Top Three US Principals
    Webmaster 
    May 8, 2026
    A Vincentian educator who began her teaching career at the then Kingstown Methodist School has been recognised among the top middle school principals ...
    News
    Government to soon unveil ‘Love SVG’ initiative
    News
    Government to soon unveil ‘Love SVG’ initiative
    Webmaster 
    May 8, 2026
    Minister of Tourism, Civil Aviation, and Sustainable Development, Kishore Shallow, announced that a new initiative titled “Love SVG” will soon be impl...
    SVG Government to tackle  property tax non-payments
    News
    SVG Government to tackle property tax non-payments
    Webmaster 
    May 8, 2026
    Modernizing and reforming the tax system of St Vincent and the Grenadines (SVG) is one of the areas that the months-old Dr. Godwin Friday administrati...
    New man at the helm as Coordinator of Sports and Physical Activities
    News
    New man at the helm as Coordinator of Sports and Physical Activities
    Webmaster 
    May 8, 2026
    A new co-ordinator of sports and physical activities has been appointed in St Vincent and the Grenadines under the remit of the Ministry of Youth, Spo...
    Troumaca Bottom Beach targeted for recreational development
    From the Courts, News
    Troumaca Bottom Beach targeted for recreational development
    Webmaster 
    May 8, 2026
    The Troumaca Bottom Beach, located in North Leeward, is set to undergo major transformation as part of the World Bank funded “Unleashing the Blue Econ...
    Vincentian-based in  Holland pays fine, avoids jail on marijuana charges
    From the Courts, News
    Vincentian-based in Holland pays fine, avoids jail on marijuana charges
    Webmaster 
    May 8, 2026
    A senior citizen of Barrouallie who is based in the United Kingdom (UK), was fined for illegally possessing, trafficking and exporting cannabis after ...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok