By RASHAD ROLLE

Tribune Senior Reporter

rrolle@tribunemedia.net

ATTORNEY Fred Smith has filed a writ of habeas corpus to compel the government to explain why four Chinese nationals are being kept at the Carmichael Road Detention Centre.

The Chinese nationals include Rui Hao, 32, Litao Ye, 22, Shaolian He, 46, and a 14-year-old.

According to an affidavit filed in the Supreme Court, the applicants arrived in the country on December 20, 2020 and were lawfully admitted to the country. However, they were allegedly unable to travel back to Europe and Asia because of COVID-19 travel restrictions.

They were allegedly frustrated by the process of trying to extend their stay and were unable to communicate this to the Department of Immigration.

The affidavit, which was signed by Wisland Geffard of Callenders and Co, said: “The applicants travelled to Bimini to extend their vacation time and on or around June 4, 2020 the applicants were arrested on a boat in Bimini. They were imprisoned in a jail in Bimini for the following two days on or around June 7, the applicants were transferred to the CDC.

“Mr Hao and Ms Ye were imprisoned at the CDC while Ms He and the minor were imprisoned at another secret location.

“On or around June 8, 2021 the applicants were taken before a Magistrate’s Court, convicted and fined $1,500 each and the magistrate recommended that they be deported.

“However, after paying the fines, the applicants continued to be falsely imprisoned by the respondents at the CDC and elsewhere. Copies of the receipts of the payment of the fines are exhibited at pages 2 through 4.

“On or around June 11, 2021, Rui’s sister Tiana provided an itinerary of paid tickets to China via USA to local counsel which was transmitted to the detention centre. The Immigration Department responded a few days later advising Ms Tonique Lewis, the attorney who represented the applicants at the Magistrates Court, that the USA immigration authorities would not agree to intransit via USA.”

Applicants allegedly told a family member that there was a fight at the detention centre and they feared their safety.

The affidavit said: “On or around June 21, 2021 a second itinerary was booked and sent to the Department of Immigration with proposed travel from The Bahamas through the Dominican Republic. The family presented an offer to the department to have a private plane take the applicants to the Dominican Republic, which would accept transit yet the respondents have failed and refused to free the applicants.

“On or around June 21, 2021 an immigration official identified as Ms Smith Major responded asking whether individuals required transit visas. They advised attorney Lewis that the ‘deportation unit’ would be responsible for booking the itinerary and is ‘communicating frequently’ with the 3rd Respondent, the Officer in Charge (OIC) (of the) Detention Centre. The Immigration Department also stated they should have an itinerary in the next few days and would notify attorney Lewis when obtained. There has been no notification of itinerary given as of July 21, 2021.

“On or around June 22 to 25, 2021 the applicants’ family were advised that the minor had become ill, experiencing headaches and vomiting blood, and required medical attention. Ms He and her son, the minor, were transferred to an unknown new detention location the appellants referred to as a ‘cellar’. The cellar was described as an underground cell with no lights. They are not aware of the child being given medical attention as they were placed in an isolated location.

“On or around June 25, 2021 Ms Lewis advised immigration official Ms Major Smith that Mr Hao had an EU visa and could travel separately from the rest of the applicants who did not have EU visa.

“The family again, offered to assist in any way to include a charter plane on any initial legs with escorts on board to expedite their freedom from the CDC.”

According to the affidavit, the detainees have been unable to communicate with their family and lawyers to arrange departure from The Bahamas despite having willing family in the United States.

The family is said to be concerned about the mental state of the mother and minor.