The Court of Appeal held that the determination of whether illegal immigrants can be afforded asylum in Trinidad and Tobago due to a legitimate expectation stemming from the country’s coordination and cooperation with UNHCR was an issue to be determined at trial and not at an interim injunction stage. However, since the Respondent was a child and ought not to be separated from her mother, Boodoosingh J reversed Seepersad J’s judgment to return the child even though she entered into the country illegally.
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