Case Review: Shanique Myrie v Barbados — The CCJ Ruling That Defined Free Movement for CARICOM Nationals
A review of Shanique Myrie v The State of Barbados [2013] CCJ 3 (OJ): how a Jamaican woman’s detention at Grantley Adams Airport produced the CCJ’s landmark ruling on the right of CARICOM nationals to enter member states.
On 4 October 2013, the Caribbean Court of Justice (CCJ), sitting in its original jurisdiction, delivered judgment in Shanique Myrie v The State of Barbados [2013] CCJ 3 (OJ). The ruling established, for the first time, the enforceable right of CARICOM nationals to enter other member states without harassment — and that states must give written reasons when they refuse entry.
- Jamaica Observer: Executive summary of the judgment in the Shanique Myrie case
- Radio Jamaica News: Shanique Myrie elated with CCJ ruling
- Caribbean Court of Justice: Full judgment — [2013] CCJ 3 (OJ)
1. The Facts
In March 2011, Jamaican national Shanique Myrie arrived at Grantley Adams International Airport. She was refused entry, subjected to a degrading body cavity search, detained overnight in a cell, and deported to Jamaica the next day. She brought a claim against Barbados, with the Government of Jamaica intervening in support.
2. The Legal Questions
- Does the Revised Treaty of Chaguaramas, together with the 2007 Conference of Heads of Government decision, give CARICOM nationals an enforceable right to enter other member states?
- Can an individual — not just a state — bring a claim before the CCJ in its original jurisdiction?
- Was Ms Myrie discriminated against on grounds of nationality?
3. What the CCJ Decided
- Right of entry: CARICOM nationals are entitled to “hassle-free” entry and an automatic stay of up to six months on arrival.
- Limited grounds for refusal: a state may refuse entry only where the person is “undesirable” (a genuine threat to public policy, security or health) or likely to become a charge on public funds.
- Written reasons and review: a refused national must be given written reasons promptly and told of the right to challenge the decision, and must have access to consular officials and an attorney.
- Individual standing: individuals can bring original-jurisdiction claims under the Treaty.
- Discrimination: the Court did not find sufficient evidence that the treatment was based on Jamaican nationality, but did find Barbados liable for breaching her right of entry and for her degrading treatment and detention.
4. The Outcome
Barbados was ordered to pay BDS$77,240 — BDS$2,240 in pecuniary damages and BDS$75,000 in non-pecuniary damages — plus Ms Myrie’s legal costs.
5. Why It Still Matters
- Immigration officers across CARICOM must follow the six-month stay rule and give written reasons for refusals.
- CARICOM nationals refused entry can challenge the decision and, ultimately, bring a claim before the CCJ.
- The case is the foundation for later CCJ free-movement and community-law jurisprudence.
Frequently Asked Questions
How long can a CARICOM national stay in another member state?
Under the Myrie ruling, CARICOM nationals are entitled to a definite stay of up to six months on entry, subject to limited public-policy, security, health and public-charge exceptions.
What should I do if I am refused entry to a CARICOM country?
Ask for written reasons, request access to your consulate and an attorney, and keep all documents. The Myrie case confirms you are entitled to reasons and to challenge the refusal.
How much was Shanique Myrie awarded?
The CCJ ordered Barbados to pay BDS$77,240 in damages (BDS$2,240 pecuniary and BDS$75,000 non-pecuniary), plus her legal costs.
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