Judge stops deportation of Russian asylum seeker – CNC3

Senior Reporter

derek.achong@guardian.co.tt

A High Court Judge has stopped the planned deportation of a Russian man who is seeking asylum in T&T until he can be reunited with his wife in Turkey.

Justice Joan Charles granted the order when Ali Iakupov’s lawsuit came up before her yesterday morning. It will remain in place until the case comes up before her on January 16 when she would consider extending it.

Justice Charles will also have to decide whether Iakupov should be granted leave to pursue the case.

According to his court filings, obtained by Guardian Media, in March Iakupov and his wife arrived in T&T and were granted entry by immigration officials

The couple made an application for political asylum to the local office of the United Nations High Commissioner for Human Rights (UNHCR).

Before their allotted time in T&T was due to end on June 20, the couple visited the offices of the Immigration Division to obtain an extension but were refused. Iakupov, a practising Muslim, was arrested in October in Debe while praying at a masjid. His wife was subsequently arrested and they were issued deportation orders for overstaying their time in T&T.

Iakupov’s lawyer Akinola Goodridge claimed that in October his client’s friend purchased airline tickets for them to leave T&T. Goodridge claimed that upon arrival at Piarco International Airport, they refused to board the flight as immigration officials told them they would only receive their passports upon their return to Russia.

Iakupov’s friend booked tickets for them to travel in early November but the airline refused to allow Iakupov to board based on the deportation order. However, his wife was allowed to leave and travelled to Turkey where she is currently residing.

Iakupov remained detained at the Immigration Detention Centre in Aripo and decided to pursue the case.

Goodridge claimed his client fled Russia as he was drafted into the Russian army to fight in the ongoing war in Ukraine based on his country’s compulsory military enrolment programme.

“The applicant fears that should he return to the Russian Federation in light of his desertion, he will be made subject to severe disciplinary action and cruel and unusual punishment,” he said.

In the lawsuit, Iakupov’s lawyers are claiming that under the Anti-Terrorism Act, the Ministry of National Security has the discretion to stop the deportation order based on him being required to perpetuate acts of terrorism against Ukraine if he is deported. They are also claiming that his legitimate expectation was that he would be allowed to voluntarily leave with his wife.

Through the proposed lawsuit, Iakupov is seeking a series of declarations on what transpired and an order compelling his release on an order of supervision.

Iakupov was also represented by Criston J Williams, Gabriel Glanville, Blaine Sobrian and Teriq Smith.

The Ministry of National Security was represented by Aryanta Williams, Adana Hosang and Nikita Ali.