Lawyers representing 37 migrants who were found aboard a vessel off TT's south coast on Saturday have sought permission from Minister of National Security Fitzgerald Hinds to allow them to stay in this country until the investigation into a child's death has been completed.
The migrants were aboard the same boat with one-year-old Ya Elvis Santoyo when he was shot and killed by coast guard officers.
A probe into the incident has been launched by the police and the coast guard.
A letter from attorney Siddiq Manzano which was part of a 14-page document sent to the Ministry of National Security on Thursday, noted that the migrants were witnesses to the incident that led to Santoyo's death and were important to the investigation.
They noted that the deportation of the migrants would qualify as obstructing the investigation.
Referring to the advice of the United Nations Office on Drugs and Crime, the attorneys argued that all criminal justice systems have a responsibility to ensure the safety of people who co-operate with an investigation.
In the letter, Manzano also noted that he was instructed by the migrants to facilitate a request to seek refugee status with the UNHCR as they may be persecuted if deported.
The letter requested a minister's permit to be granted to the migrants pending the determination of their refugee claim under Section 10 of the Immigration Act.
Part one of the act says, "The Minister may issue a written permit authorising any person to enter TT or, being in TT, to remain therein."
The letter suggested that the migrants be transferred from the Chaguaramas Heliport where they were being kept to the Immigration Detention Centre.
The letter also stipulated that the ministry to acknowledge receipt of the letter and reply within 24 hours and warned that legal proceedings may be initiated for failing to do so.
Contacted for comment, attorney Criston J Williams, who was also representing the migrants, said the government, through the National Security Ministry, should respect the rights of the migrants and grant them permission to stay until their status could be decided.
He noted that their deportation could constitute a violation of their human rights which would damage TT's reputation.
"If they are deported, I would have to take further instructions and a lot of other bodies may look down on the actions of TT.
"We must have and pay due diligence to our human rights record because if we do not do same, internationally, we may be considered a rogue state.
"Once considered a rogue state there may be visits from international rights bodies and this may be the start of a slippery slope where there could be financial repercussions ie sanctions."
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