Is there refugee protection in Trinidad and Tobago?

Why signing the Convention is not enough

Trinidad and Tobago follows the rule that a treaty signed or acceded to by the Government does not by itself change the law that the courts apply. The Privy Council has said that the terms of a treaty “cannot effect any alteration to domestic law nor deprive the subject of existing legal rights unless and until enacted into domestic law by or under authority of the legislature” (Thomas v Baptiste).

As at October 2026, no Act of Parliament has enacted the Refugee Convention. Entry and stay are governed by the Immigration Act (Chapter 18:01) and the Immigration Regulations, which contain no refugee status and no procedure for deciding asylum claims.

What the High Court decided in 2023

In Rangel Dominguez v Minister of National Security (Dominguez) the High Court dismissed a challenge to a deportation order. The claimant had registered with Living Water Community, UNHCR’s implementing partner in Trinidad and Tobago, before the order was made and was recognised as a refugee by the United Nations High Commissioner for Refugees (UNHCR) while the claim was pending; the Court held that this did not change the outcome. The Court:

• declared that “the obligations enumerated under the 1951 Refugee Convention and the principle of non-refoulement do not apply to the Republic of Trinidad and Tobago as there has been no domestic incorporation”;
• held that non-refoulement (the principle that a refugee should not be returned to a country where they face persecution) “cannot be used to create enforceable rights on a domestic plane”, and that the Convention’s processes cannot be used to “override any lawfully issued deportation order”;
• rejected the argument that the principle binds the State as customary international law, holding that where customary international law conflicts with a statute, the statute prevails;
• accepted that constitutional rights apply to non-nationals within the jurisdiction, but held that the Convention cannot widen the rights to “due process of law” and “the protection of the law” in section 4 of the Constitution; and
• declared that section 11 of the Immigration Act, which allows the Minister to make a deportation order against a person who entered unlawfully, is not unconstitutional.

This is a High Court decision. It does not bind the Court of Appeal or the Privy Council.

The 2014 national policy is not law

In 2014 the Cabinet approved a policy document setting out a phased approach towards a national refugee policy. A policy is not law. In Dominguez the High Court held that the document did not incorporate the Convention, that “Cabinet does not make law”, and that the document created no legitimate expectation (a legally enforceable expectation arising from a public body’s promise or practice) that an asylum seeker would not be deported.

Does registering with UNHCR protect against deportation?

The Immigration Act does not give a UNHCR registration document or refugee certificate any legal effect. The High Court held in Dominguez that the processes under the Convention “cannot be used to circumvent the provisions of the Immigration Act or override any lawfully issued deportation order”.

The protections that do have a legal basis are found in domestic law:

• A Minister’s permit. The Minister may issue a written permit allowing a person to enter or remain in Trinidad and Tobago (Immigration Act, s 10(1)). A permit lasts for a stated period of no more than 12 months, and while it is in force it stays the execution of any deportation order (s 10(2)). The Minister may in writing extend, vary or cancel a permit at any time (s 10(5)), and when it expires or is cancelled the Minister may make a deportation order, from which there is no right of appeal (s 10(6)).
• The Minister’s discretion. Where the Minister dismisses an appeal against a deportation order, he may stay or quash it if there are reasonable grounds for believing the person would be punished for activities of a political character or suffer unusual hardship, or on compassionate or humanitarian grounds (Immigration Regulations, reg 28(1)). This does not apply where the Act gives no appeal, as with orders against people who entered unlawfully (s 11), but the Minister may cancel any deportation order (s 27(6)).
• The courts. A person may challenge a deportation decision in the High Court by judicial review, or apply under section 14 of the Constitution if a constitutional right has been, is being or is likely to be breached. The High Court can make interim orders; in Rodriguez Martinez v Chief Immigration Officer an interim order had restrained the State from taking any steps to remove the claimants until the claim was decided. In Dominguez itself the High Court examined the Minister’s section 11 order for illegality, unreasonableness and unfairness before dismissing the claim.

Can asylum seekers work in Trinidad and Tobago?

Only under the ordinary rules. A person who is not a citizen or resident needs a work permit unless an exemption applies (Immigration Regulations, reg 10(1)–(2)), and the Regulations contain no exemption for asylum seekers or refugees as such. An Order exempts “an immigrant who is the holder of a permit” under section 10 until 31 December 2026 (Legal Notice 470/2025, as amended by Legal Notice 41/2026). See the page on migrants and work.