Judge orders govt to bring back Jean Rony Jean-Charles

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Jean Rony Jean-Charles

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

SUPREME Court Justice Gregory Hilton has ordered the government immediately issue a travel document for Bahamas-born Jean Rony Jean-Charles and reimburse him for his travel back to the country, declaring that his rights under the Constitution have been breached.

Justice Hilton furthered that Mr Jean-Charles, upon making an application, be issued legal status no later than 60 days after his return.

"In my judgement," his written ruling read, "having regard to the exceptional circumstances of this case – where the applicant has produced Bahamian birth certificate and the facts show he has never left the Bahamas prior to his deportation/expulsion and he was never charged with any offence under the Immigration Act and never taken before any court and no recommendation for deportation or deportation order was made in reference to him. I find that the following orders are necessary to provide appropriate relief and secure the applicant’s rights."

Mr Jean-Charles was arrested in early September 2017 by immigration officers, and an application of contesting the lawfulness of his detention was filed on November 29.

According to former Immigration Director William Pratt, Mr Jean-Charles was flown to Port au Prince, Haiti on November 24 after not being able to prove he was in the country legally.

However, representatives from the Haitian embassy later told The Tribune they had no record of Mr Jean-Charles being repatriated.

On December 19, Justice Hilton gave the government an additional 21 days to produce Mr Jean-Charles and also provide justification for his deportation.

The Tribune interviewed Mr Jean-Charles in Haiti on January 20, and he confirmed he had been deported by the Bahamas government.

See Wednesday's Tribune for the full report on the ruling.