A UK national living in Trinidad and Tobago since 2005 has been successful in his challenge against his deportation.
National Security Minister Fitzgerald Hinds was also ordered to return Geza Hisef Szanto’s passport, which was confiscated when he was arrested on May 11, 2023, while at the Immigration Division.
Justice Margaret Mohammed also quashed the deportation order and ordered the minister to reconsider Szanto’s application for permanent residency.
He was represented by attorney Jose Young.
In his lawsuit, Szanto said he entered TT on a work permit. His permit was subsequently renewed and he received three extensions to extend his stay in TT. He is a project manager for a local construction firm.
In 2011, he married a Trinidadian.
In 2014, Szanto applied for permanent residency. He said his deportation order was based on a conviction in the UK in 2002 for possession of 0.3 grammes of cocaine and he was fined £50.
Szanto did not initially disclose his conviction when applying for his work permits or earlier residency application, but did so for the first time in 2013.
A certificate of character from the UK showed Szanto had three other convictions, for driving under the influence of alcohol, driving although his licence had been disqualified for 18 months and using an uninsured vehicle.
In 2018, he was told to attend an interview about his residency.
The interview was rescheduled at least four times for various reasons. However, he continued to receive extensions of stay, the last until July 2022.
In February 2022, the acting assistant chief immigration officer (North) received legal advice that Szanto's convictions put him in the class of prohibited persons under the Immigration Act.
The minister was then asked to exercise his authority to order Szanto’s deportation. This was done on the day the minister received the note from the Immigration Division.
Szanto was told to attend a meeting at the division’s offices on May 11, 2023, when the ministerial warrant was executed and he was served with the deportation order.
He was put on an order of supervision and told to return on May 18, 2023, with a ticket to return to the UK. He did so and was put on a further order of supervision until June 8, when he was booked to travel.
He filed his lawsuit and the High Court stayed his deportation on June 8, 2023.
Szanto’s attorney argued that the decision to issue the deportation order based on his prior convictions was unreasonable, as he was not allowed to defend himself before the decision was made.
However, attorneys for the minister maintained the decision was not perverse and was within the range of a reasonable decision, since Szanto failed to disclose his convictions on several occasions. They also argued there was no breach of the natural-justice principles, since there was no duty on the minister to allow Szanto to be heard before making the decision.
In her ruling, Mohammed said although through being married to a Trinidadian, he was qualified to apply for residency, the min
