And this is all you need to know: "The 2007 Conference Decision emphatically states that the right of entry and definite stay of six months is “subject to the rights of Member States to refuse undesirable persons entry and to prevent persons from becoming a charge on public funds”. In its submissions Barbados appears to regard these two qualifications as conditions precedent to the acquisition of the right of entry and six month stay. This would explain why Barbados in construing these words of the Decision leans heavily on its domestic law and the discretion which is accorded to its immigration and customs officers under that law. This approach, however, is not correct. The wording of the Decision where it speaks about “automatic stay” or “definite entry” upon arrival, suggests that the right does not depend on discretionary evaluations of immigration officers or other authorities at the port of entry. The fact that entry and stay are described as “definite” and “automatic” precludes any dependency of the right itself on the exercise of domestic discretion." caribbeancourtofjustice.org/wp-content/uploads/2013/10/2013-CCJ-3-OJ.pdf
Posted on: Sat, 05 Oct 2013 00:48:46 +0000