Afghan refugees win asylum appeal in Cayman

Wednesday, October 8, 2003

GEORGE TOWN, Cayman Islands: Cayman Net News reports that a three-year dilemma concerning three mysterious Afghan men has finally been resolved with their application for political asylum finally being granted by the Cayman Islands Immigration Appeals Tribunal.

Asylum seekers Nek Nazar Nazary, Mohammad Raza Hussani and Ali Sha Yusufi are reported to have won their appeal to remain in the Cayman Islands after being initially denied asylum by the Cayman Islands Immigration Authorities.

Attorneys acting for the appellants could not comment on the appeal case because of a "gag-order" not to comment at this time, indicating that a press release will be issued today (Wednesday).

Terms of the appeal are not currently known, although sources report that the asylum is conditional, and that if the social and political situation in Afghanistan improves, the three men might have to return to their homeland. 

The Immigrations Appeals Tribunal is said to have applied the 1951 International Refugee Convention in allowing the Afghans to remain in the Cayman Islands indefinitely.

The three Afghans appeared in the Cayman Islands just over three years ago and have been fighting ever since for the right to stay. On arrival to the Islands, the three men carried no personal or immigration documentation. 

They were taken into custody by the Cayman Islands authorities, following a successful application to the 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.

The men said they fled to Cayman to escape the oppressive Taliban regime, and the persecution and brutal killings of Afghanistan's three minority ethnic groups, the Tajik, Ozbik and Hazara. 

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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