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
      • Privacy Policy
      • 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
      • Privacy Policy
      • 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
    Bishop saved from burning house
    Front Page
    Bishop saved from burning house
    Webmaster 
    May 5, 2026
    THE CHURCH COMMUNITY, the people of Chester Cottage, and the Bethel Gospel Assembly are among the numerous people who are sending up prayers for Bisho...
    White British travel vlogger blasted over iShowSpeed comments
    Front Page
    White British travel vlogger blasted over iShowSpeed comments
    Webmaster 
    May 5, 2026
    “WHAT DOYOUTHINK the narrative around this Ishowspeed Caribbean tour would be if he was white?” This question was posed by British content creator ‘tr...
    Teachers urged to take job seriously – Dr Friday
    Front Page
    Teachers urged to take job seriously – Dr Friday
    Webmaster 
    May 5, 2026
    TEACHERS in St Vincent and the Grenadines (SVG) have been asked to acknowledge that they have a responsibility when it comes to shaping young people, ...
    IMF official recommends modernised energy legislation for SVG
    Front Page
    IMF official recommends modernised energy legislation for SVG
    Webmaster 
    May 5, 2026
    THE INTERNATIONAL Monetary Fund (IMF) has concluded that a transition to renewable energy could significantly lower energy costs for households and fi...
    Opposition Leader defends API’s acting Director
    Front Page
    Opposition Leader defends API’s acting Director
    Webmaster 
    May 5, 2026
    FORMER PRIME MINISTER, now Leader of the Opposition Dr. Ralph Gonsalves, is of the opinion that the current administration has inflated the “genuine e...
    Form-2 students compete for place in National Science Quiz
    Front Page
    Form-2 students compete for place in National Science Quiz
    Webmaster 
    May 5, 2026
    FORM 2 STUDENTS from several Secondary schools across St Vincent and the Grenadines (SVG) are gearing up for the Grand National Science Quiz, schedule...
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    Webmaster 
    May 5, 2026
    ST.VINCENT ELECTRICITY Services Limited (VINLEC), launched their annual Environmental Health and Safety (EHS) Awareness Month on April 27, 2026 at the...
    Pastor advises VINLEC employees to lift their thinking
    News
    Pastor advises VINLEC employees to lift their thinking
    Webmaster 
    May 5, 2026
    THE LEAD PASTOR of the Kingstown Baptist Church(KBC), Cecil Richards, has advised workers at the St. Vincent Electricity Services Limited (VINLEC) not...
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    News
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    Webmaster 
    May 5, 2026
    IN A CALL with U.S. Secretary of State Marco Rubio on Thursday April 30, 2026 Chinese Foreign Minister WangYi urged the United States to “make the rig...
    Employers urged to take safety and mental health seriously
    News
    Employers urged to take safety and mental health seriously
    Webmaster 
    May 5, 2026
    THE RESOUNDING MESSAGE emanating from the observance of World Day for Safety at Work was the need for employers to take the matter of safety and healt...
    Arrest made in connection with murder of Vincentian in St Kitts
    News
    Arrest made in connection with murder of Vincentian in St Kitts
    Webmaster 
    May 5, 2026
    A MAN was formally charged on April 29,2026 in connection with the death of Vincentian Shamarie Baptiste, who was shot and killed at the Royal Kingdom...

    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