However, the 36 -year -old asked for a review of the case that prevents his immediate deportation from Cuba.
Miami, United States. – The Cuban Miguel Benítez Mirabal, 36 -year -old habanero tattoo artist, requested a judicial review of rejection of his asylum request in Cayman Islands and obtained a temporary suspension of his deportation while the court evaluates the case, according to a document of the great court of that Caribbean island Posted by media Cayman News Service.
In his demand, Benítez argues that he fears being persecuted if he is repatriated to Cuba and that his trade is considered there a subversive profession.
In accordance with the legal documents cited by Cayman News ServiceThe Cuban claims to have previously suffered abuses and arrests for expressing artistic, personal and political criteria, and identifies as one of the organizers of an independent cultural movement of tattooists that advocates for creative freedom and recognition of the sector. In the file, he argues that his work has made him “person of interest and perceived as a threat to the government and is at risk of persecution.”
The Caimanian media said that Benítez resided in Cayman Islands with work permits for a period not disclosed and that, when expiring his authorization linked to the District Syx study, he submitted his asylum application by being left without the right to remain in the territory without a new permission. The Customs and Border Control Authority (CBC) rejected the application on September 1.
According to Cayman News ServiceCBC itself acknowledged in its letter that the applicant has “a characteristic that could make him fear for reasons for race, religion, nationality, belonging to a particular group or political opinion.” However, the entity concluded that Benítez “actually does not have a well -founded fear of persecution [en Cuba] as a result of that characteristic. ”
The Nelsons buffet, which represents the Cuban, interprets that certification as an assessment of credibility rather than legal basis of the claim and argues that, in such a situation, his client must be heard before any deportation. In his letter, the legal firm indicates: “The director must not certify simply because he does not create the story presented by the applicant according to the preponderance of probabilities, or even if he does not think he would have a reasonable perspective of credibility. He can only properly certify a request as ‘clearly unfounded’ when the story is unable to be believed.”
Nelsons stresses that the CBC admitted that the “applicant had a characteristic that ‘could’ cause her fear of persecution” according to the Convention on the Statute of Refugeesso, in the opinion of the defense, the rejection was not based on the fact that the case did not fit within the framework of the Conventionbut in doubt of the CBC director about Benítez’s credibility.
Cayman News Service He pointed out that, although a date for deportation was not indicated, lawyers consider that it could be imminent; However, they achieved a suspension until the court examines the judicial review.
Although the CBC letter ensures that the “request was considered very careful”, the defense states that it does not refer to the evidence provided. “In fact, the decision is so vague and in such general terms, that it seems at first glance to be a standard form denial that could be applied to a negative and certification in any case,” says lawyers, for whom this lack of precision “hinders their ability to duly challenge the decision.”
In the light of these arguments, the judicial review action asks the court to declare that the decision is contrary to law and/or unreasonable, which was adopted arbitrarily and that the reasons offered are inadequate, which would constitute a violation of the guarantees of natural justice. The defense also requests to cancel the resolution and return the asylum file to the CBC for a new consideration, according to the report of Cayman News Service.
