Verdict expected today in Afghan asylum case in Cayman

Monday, October 6, 2003

GEORGE TOWN, Cayman Islands: Human rights observers are closely monitoring the outcome of an application for political asylum in the Cayman Islands on behalf of three Afghan refugees who fled Afghanistan and found their way to Grand Cayman in mid-2000 

The three men are said to be members of a minority tribal group in Afghanistan that has suffered persecution and torture at the hands of the oppressive Taliban regime and their lives are still seriously at risk if they are sent back.

They were taken into custody by the Cayman Islands authorities upon their arrival in the territory but, following a successful application to the Grand Court for a writ of habeas corpus, the three were released on bail in March 2001. They were, however, subsequently re-arrested two days after the terrorist attacks in the U.S. on September 11, 2001.

It is understood that British and American authorities have since cleared the three men of any possible involvement in terrorist activities. A second application for a writ of habeas corpus was also successful and they were again released from custody on bail.

They then applied to the Immigration Appeals Tribunal for a ruling as to whether they will be allowed to remain in the Cayman Islands.

According to the Cayman Islands Attorney General, at the time when the three Afghans turned up in the Cayman Islands claiming asylum, there was no legislative scheme to deal with asylum applications. Suitable rules were enacted by the legislature and came into force in April 2003, allowing appeals from a decision of the Chief Immigration Officer in such matters to be heard by the Immigration Appeals Tribunal.

It is understood that Immigration officials initially denied the request for asylum and the appeal by the Afghans against this decision was heard by the Appeals Tribunal in July of this year.

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