A Venezuelan mother who was detained with her son at the heliport in Chaguaramas for a year and a half will be allowed to pursue her judicial review claim against the Minister of National Security over the suitability of the Chaguararmas heliport as an immigration detention centre.

On June 11, Justice Margaret Mohammed gave the woman permission to pursue her lawsuit in the public interest.

In her lawsuit, the woman wants the court to declare the minister's decision to designate the heliport as an immigration station as illegal. She also wants an order to quash that decision made on July 25, 2023, and an injunction to restrain the State from using the facility for that purpose.

The woman also wants a similar injunction to have the State remove everyone currently detained at the facility and put in a suitable place until the lawsuit is determined or released on orders of supervision.

The matter next comes up for a hearing on September 26.

In her ruling, Mohamed said the woman had demonstrated sufficient interest to pursue the claim given her detention and her son's from December 2020 to July 2022.

She also pointed out that the mother had successfully pursued a habeas corpus application challenged by the State 'all the way up to our final court, the Privy Council where she was vindicated.'

The judge also pointed out that the woman's stated purpose for filing the claim was to hold the minister accountable to the fundamental principles set out in the Constitution.

'In my opinion, this is important in the vindication of the rule of law.'

Also important, the judge said was the challenge to the legality of the Executive's actions in deeming the heliport an immigration station and its suitability, particularly for children.

'The orders sought are important as they concern the legality of the decision of the intended respondent to designate the heliport as an immigration station.

'It will call upon the intended respondent to set out the matters he took into account before he exercised his discretion to designate the heliport as an immigration station after the end of the covid19 pandemic. 'This is important as the Immigration Act permits the intended respondent to detain persons prior to deportation…'

In her ruling, Mohammed also pointed to the conflicting evidence on the decision designation of the heliport as an immigration station. The heliport is under the control of the Defence Force.

'Indeed, given the evidence of Ms Persad filed in opposition to the application, the intended respondent has a duty to answer when the said decision was made as Ms Persad's evidence that it was made on July 9, 2023, is inconsistent with the intended respondent's letter, dated July 25, 2023, to the Air Vice Marshall Darryl Daniel.

'The intended respondent also has a duty given his power under the Immigration Act to set out the legal basis for the said decision'

She also held the lawsuit had a 'realistic prospect of success' in proving that the minister did not consider several material factors which impa