According to court documents, Marvin Martinez Fuentes filed a Notice of Motion with the Grand Court this week to apply for an injunction to prevent the Director Of Customs & Border Control from deporting him from the Cayman Islands.
According to the Notice, Martinez Fuentes alleged that the Director Of Customs & Border Control breached (by his conduct) sections: 9,13,17,23,24 and 26 of the Cayman Islands Constitution Order 2009 by demanding that Martinez Fuentes depart the Cayman Islands by today, Friday April 26, 2024. Regarding this, the Notice alleged that the conduct of the Director Of Customs & Border Control is contrary to the principles of natural justice as well as particularly Section 17(2) of the Cayman Islands Constitution Order 2009.
The Notice alleged further that the decision of the Director Of Customs & Border Control to refuse to allow Martinez Fuentes to remain in Cayman and to refuse to extend the time for him to re-file his appeal from the Immigration Tribunal to the Grand Court is unreasonable.
Concerning this, the Notice explained that Martinez Fuentes “previously filed a document before the court but was directed by the court to take legal advice before further proceeding and was given leave to re-file his grounds of appeal in terms allowed by law.”
The Notice argued that the delay in re-filing the required grounds was not Martinez Fuentes’ fault.
The Notice added that the decision of the Director Of Customs & Border Control “is a fettering and an improper exercise of discretion, by applying a law and policy, but failing to adequately or at all consider, the special circumstances of the Applicant and his outlined grounds of appeal.”
Based on the Notice, Martinez Fuentes wants the decision to be set aside in accordance with Section 17(2) of the Cayman Islands Constitution Order 2009.
The Notice concludes that Martinez Fuentes “pose[s] no threat to the interests of the state’s defences, public safety, public order, public morality or public health.”
In the circumstances, Martinez Fuentes sought the following from the Court:
An Order directing the Director Of Customs & Border Control, whether by his/her servants, agents or otherwise to refrain from any and all actions, pursuant to the provisions of section 13(2) and 13 (2)(ac) of the Cayman Islands Constitution Order 2009, (“the Order”) unless and or until the protections afforded to Martinez Fuentes, in the said provisions contained within section 13(2)(d)(iii) and 13(3)(a-d) of the said Order are observed, and this Injunction Application is determined.A Declaration that the Director Of Customs & Border Control, whether by his/ her servant, agents or otherwise, be restrained and prohibited from any and all actions, the objective of which is the detention of Martinez Fuentes and or removal from the Cayman Islands, under any provision of the Border Control Law or the Immigration (Transition) Act (2022 Revision) until a determination of an appeal on a point of law is determined.
