Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
    2026 Richalnd Park Netball Competition Officially Opens
    News
    2026 Richalnd Park Netball Competition Officially Opens
    Jada 
    July 28, 2026
    On Saturday, July 25, 2026, at 5 pm, High Park United came up against Hardknock Lightning Strikers, while on Sunday, July 26th, at 4 pm, S&D Success N...
    The cupcakes that helped a Vincentian build a business in Taiwan
    News
    The cupcakes that helped a Vincentian build a business in Taiwan
    Jada 
    July 28, 2026
    By Kemarlie Durrant TAIPEI, Taiwan -- Three hundred cupcakes and an oven so small that it could bake only 12 at a time. That was the challenge Alshika...
    InterCaribbean now flying Vincy flag
    Front Page
    InterCaribbean now flying Vincy flag
    Webmaster 
    July 28, 2026
    by DEZ GREENAWAY ST.VINCENT ANDTHE GRENADINES has partnered with Inter Caribbean Airways for two years to decorate the tail of a new InterCaribbean ai...
    SVG shows solid support for Cuba with motorcade
    Front Page
    SVG shows solid support for Cuba with motorcade
    Webmaster 
    July 28, 2026
    ON SATURDAY MORNING, July 25, 2026, the SVG-Cuba Friendship Society held a vehicle motorcade aimed at expressing “solidarity with Cuba in this very sa...
    Persons detained for questioning in Chinatown triple homicide
    Front Page
    Persons detained for questioning in Chinatown triple homicide
    Webmaster 
    July 28, 2026
    THOUGH NO ARRESTS have yet been made in the Chinatown triple homicide, police say they have detained persons for questioning. The brazen triple homici...
    Miss SVG Teen this Saturday
    Front Page
    Miss SVG Teen this Saturday
    Webmaster 
    July 28, 2026
    SEVEN YOUNG LADIES will this Saturday August 1 vie for the title of Miss Saint Vincent and the Grenadines Teen at the LaVue Hotel in Villa, Expected t...
    News
    2026 Richalnd Park Netball Competition Officially Opens
    News
    2026 Richalnd Park Netball Competition Officially Opens
    Jada 
    July 28, 2026
    On Saturday, July 25, 2026, at 5 pm, High Park United came up against Hardknock Lightning Strikers, while on Sunday, July 26th, at 4 pm, S&D Success N...
    The cupcakes that helped a Vincentian build a business in Taiwan
    News
    The cupcakes that helped a Vincentian build a business in Taiwan
    Jada 
    July 28, 2026
    By Kemarlie Durrant TAIPEI, Taiwan -- Three hundred cupcakes and an oven so small that it could bake only 12 at a time. That was the challenge Alshika...
    Vincentian Nursing veteran honoured posthumously in UK
    News
    Vincentian Nursing veteran honoured posthumously in UK
    Webmaster 
    July 28, 2026
    ANNIE CATHERINE BREWSTER who was born in St.Vincent in 1858 and passed in 1902 recently had her image incorporated in the Coat of Arms of the Worshipf...
    Cuba’s New Ambassador ‘Longstanding’ OECS friend
    News
    Cuba’s New Ambassador ‘Longstanding’ OECS friend
    Webmaster 
    July 28, 2026
    ON THURSDAY, July 16, 2026, Ambassador-Designate of the Republic of Cuba, H.E.Yenielys Vilma Regueiferos Linares presented her Letters of Credence to ...
    Lowmans Leeward man gunned down
    News
    Lowmans Leeward man gunned down
    Webmaster 
    July 28, 2026
    LAST FRIDAY, July 24 while many people in the Lowmans Leeward area were getting ready for work and other early morning duties, a killer had a differen...

    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