Free Movement across CARICOM: When a State Refuses Entry

A sales director flies from Port of Spain to Bridgetown for a 2-day meeting with a client. At immigration she is taken aside, questioned for an hour and put on the next flight home. Nobody tells her why.

The meeting is lost, and the refusal itself may have been unlawful under Caribbean Community law. Nationals of member states have a right to enter one another's countries. The Caribbean Court of Justice has spelled out what officials must do before refusing it.

The right to enter

In 2007 CARICOM heads of government agreed on an "automatic stay of six months upon arrival" for nationals of member states. In Myrie v Barbados [2013] CCJ 3 (OJ), the Court held that the decision binds member states and gives a right of entry.

A state can refuse entry on only two grounds, and it must prove them.

A real threat. The person must pose "a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society". Officials must show the person actually poses that threat or can reasonably be expected to.

A charge on public funds. Officials can check that a visitor can support themselves. They cannot demand proof of 6 months' funds from someone staying 2 days, though they can ask for a return ticket.

The right is to enter and stay, not to work. In Trinidad and Tobago, a CARICOM national who wants to work without a permit needs a skills certificate in one of the listed categories.

What officials must do

Myrie also set the procedure for a refusal. The judgment sets 3 duties.

Reasons in writing. The reasons must be given "promptly and in writing", with notice of the right to challenge them. A state can hold information back only on essential security grounds, and the Court expects that to be rare.

A way to challenge. The refused national must be able to ask a court to review the decision. The Court flagged Barbados provisions that could be read as blocking review, while expecting Barbados courts to read them in line with Community law.

Contact with help. A refused visitor must have "the opportunity to consult an attorney or a consular official" where one is available. In any event, they must be able to contact a family member.

These duties matter in practice. Written reasons show what has to be answered. Access to a lawyer means the challenge can start before the return flight.

Detention and fair treatment

The same principle reaches beyond the arrival hall. Derek Ramsamooj, a Trinidadian political consultant, had visited Suriname regularly since 2014 for consultancy work. In October 2020 police took his passports at his Paramaribo hotel and detained him the next day. Orders from the prosecutor's office then barred him from seeing a lawyer until 24 October; in the meantime he was questioned in Dutch through a translator.

In Ramsamooj v Suriname [2026] CCJ 2 (OJ), the Court held that the restriction breached his right to free movement. Community law sets minimum human-rights standards for anyone using a Treaty right, and one of them is access to a lawyer of one's choice. He did not have to prove he was treated worse because of his nationality. The Court also ruled that any use in criminal proceedings of the statement he signed in that period would breach Community law. Counsel at Caribbean.law led that claim.

Citing Gilbert v Barbados [2019] CCJ 2 (OJ), the Court repeated that free movement does not shield nationals from ordinary law enforcement. The Treaty right does not stop an investigation; it sets standards for how the person is treated during one.

What a claim achieves

Damages for these breaches have been modest. Myrie recovered Bds$75,000 for her treatment and Bds$2,240 in losses. The Court placed that award "at the high end of the spectrum" because of the serious circumstances. Ramsamooj was awarded US$30,000.

The Court has also said that "a mere Declaration may constitute appropriate relief" in some cases. A claim starts with the Court's permission, known as special leave; the steps are covered in suing a state at the CCJ.

Frequently asked questions

Can a CARICOM state refuse me entry? Yes, but only on narrow grounds: a genuine and serious threat or the risk of becoming a charge on public funds. The state must prove the ground and give its reasons in writing.

Do I need a work permit to work in Trinidad and Tobago as a CARICOM national? Not if you hold a CARICOM skills certificate in one of the 12 categories listed since 28 February 2023. Those include graduates, nurses, teachers and artisans.

Can I take a state to court for refusing me entry? Yes. A CARICOM national can bring a claim at the Caribbean Court of Justice with the Court's permission. Myrie won such a claim against Barbados in 2013.

For a business that sends people around the region, 3 points are worth passing on before the next trip. Travellers have a 6-month right of entry, a right to written reasons if refused and a right to call a lawyer before leaving.