Cayman government clarifies Afghans' asylum appeal

Thursday, October 9, 2003

GEORGE TOWN, Cayman Islands: According to a press release by the Cayman Islands Government Information Service, the Immigration Appeals Tribunal has allowed the three Afghani men, who turned up in the territory in August 2000, "limited leave" to remain in the Cayman Islands. 

The stay does not rule out a review by the Chief Immigration Officer, who may do so "at some reasonable time in the future." Such a review would consider prevailing conditions in Afghanistan's changing landscape. The 1951 UN Refugee Convention contains "cessation" provisions nullifying its applicability in circumstances in which threatening conditions in originating countries may have abated.

Acting Chief Secretary Donovan Ebanks said that Government would therefore continue to aggressively explore available avenues to resolution, including continued assessment of conditions in Afghanistan. 

"We want to assure the public that we will take every action to protect the interests of the Cayman Islands, while ensuring that we observe relevant conventions and applicable laws," Mr. Ebanks said.

The Portfolio of Internal & External Affairs, in consultation with the Attorney General's office and the Immigration department, will assess carefully what action should be taken next and the timing of that action.

The appeals tribunal ruled on the case following "in-camera" hearings on 25 and 26 July. The tribunal heard extensive submissions from counsel for the applicants and for the respondent, the Cayman Islands Government. 

The men -- Ali Shah Yusufy, Mohamed Raza Hussaini, Nek Nazary - were discovered in the South Sound area of Grand Cayman in August 2000, when they told Immigration Officials that a Turkish tanker had ferried them ashore in a small boat. The ship's crew, they said, had indicated that they had arrived at their intended destination -- Canada - giving them $75 cash in Cayman Islands currency. 

The Grand Court later indicated that it was satisfied with the evidence presented that the trio comprised the same three men who had arrived from Cuba posing as Pakistani nationals. There has been no trace of their having returned to Cuba or elsewhere. 

Since then, the three have remained under close monitoring, including a daily curfew, while awaiting resolution to their situation. Efforts included contacts with the Canadian Immigration Authorities which have indicated that they would not be inclined to grant visas and that any requests for them to do so would likely be rejected.

Information on the men has been sparse, but a UK Immigration Official who interviewed the men corroborated their claim to be Afghanis. They have been identified as belonging to the Hazara race. Hazaras are miniority Shia Muslims, as opposed to Pashtuns, who are Sunni Muslims, two groups that have traditionally been in conflict with each other.

Law enforcement agencies such as the FBI and Interpol have been apprised of the men's presence. Interpol, which has found no matches to their fingerprints, as well as the FBI had no immediate interest in them. 

At the time of their arrival in the Cayman Islands, there were no statutory provisions for the grant of asylum to refugees. These provisions are now in place. They allow, among other things, for the establishment of an appeals tribunal to which applicants such as the Afghans could seek "limited leave" to remain in order to appeal on the grounds that requiring them to leave would be contrary to the relevant UN refugee convention. 

The local Immigration Authorities had in October 2001 refused asylum to the three Afghans, though allowing leave to remain here to register an appeal.

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