Bahamas Supreme Court orders release of Jamaican man 'unlawfully' detained
Key Points(5)
- “The authority to detain under the Immigration Act is contingent upon the deportation order being valid.
- As such, the detention of Mr.
- Green cannot be supported and he is ordered released immediately,” Fitzpatrick said.</p> <p>Green was convicted of causing dangerous harm after deliberately hitting a man with his van following an argument on December 29, 2018.
- He completed his sentence on February 7, 2025.</p> <p>Just days later, on February 10, Immigration Minister Alfred Sears issued a deportation order, which remained valid for 90 days.
- A detention order was also granted by the governor general.
The Bahamas Supreme Court has ordered the release of a Jamaican man who remained in immigration custody even after the expiration of his deportation order.
Justice Dale Fitzpatrick ruled on Wednesday that the continued detention of Jarvon Green, a wheelchair user who completed an eight-year prison sentence earlier this year, was unlawful. “The authority to detain under the Immigration Act is contingent upon the deportation order being valid. As such, the detention of Mr. Green cannot be supported and he is ordered released immediately,” Fitzpatrick said.
Green was convicted of causing dangerous harm after deliberately hitting a man with his van following an argument on December 29, 2018. He completed his sentence on February 7, 2025.
Just days later, on February 10, Immigration Minister Alfred Sears issued a deportation order, which remained valid for 90 days. A detention order was also granted by the governor general. However, the deportation order expired on May 11 and Green continued to be held in custody. That prompted his attorney, Martin Lundy, to file a habeas corpus petition challenging the legality of his continued detention.
Attorney Kayla Green-Smith, representing the Department of Immigration, told the court that efforts to remove Green from the country were hampered by delays on the part of Jamaican authorities.
Justice Fitzpatrick made clear that Bahamian law only allows detention under a valid deportation warrant. Since that warrant had expired, Green's detention was deemed unlawful.
Although the court ordered his immediate release, the ruling does not prevent immigration officials from re-arresting Green, who remains in The Bahamas without legal status.
