Justin Ramoon v Governor of the Cayman Islands and another (Cayman Islands)

Justin Ramoon v Governor of the Cayman Islands and another (Cayman Islands)

A closed material procedure is not available in the Cayman Islands courts absent statutory authority; the proper course is to proceed with judicial review on the basis of disclosed and PII-tested material. The statutory framework for prisoner removal is sufficiently precise and contains adequate safeguards, and the impact on family life was considered. The appeal is allowed on the CMP issue and dismissed on the other grounds.

Parties
Appellant: Justin Ramoon; Respondents: Governor of the Cayman Islands and another
Jurisdiction
England and Wales
Judgment Date
03 March 2023
Procedural Posture
Judicial Review / Appeal From Court of Appeal of the Cayman Islands to the Judicial Committee of the Privy Council
Outcome
Appeal allowed in part (on CMP issue), dismissed on other grounds; proceedings remitted to Grand Court for hearing of judicial review.
Legal Topics
Closed Material Procedure (cmp), Public Interest Immunity (pii), Judicial Review, Prisoner Transfer, Right to Family Life, Proportionality, Open Justice, National Security, Statutory Interpretation
Constitutional Law Human Rights Law Criminal Law Administrative Law Closed Material Procedure (cmp) Public Interest Immunity (pii) Judicial Review Prisoner Transfer +5 more

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Parties

Justin Ramoon

Appellant

Governor of the Cayman Islands and another

Respondents

Procedural Posture

Judicial Review / Appeal From Court of Appeal of the Cayman Islands to the Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether a closed material procedure (CMP) is available before the courts of the Cayman Islands in the absence of statutory basis
  2. 2 Whether the Governor's decision to concur with the removal of the appellant was 'in accordance with the law'
  3. 3 Whether the impact on the appellant's and his child's family life was properly considered

Ratio Decidendi

A closed material procedure is not available in the Cayman Islands courts absent statutory authority; the proper course is to proceed with judicial review on the basis of disclosed and PII-tested material. The statutory framework for prisoner removal is sufficiently precise and contains adequate safeguards, and the impact on family life was considered. The appeal is allowed on the CMP issue and dismissed on the other grounds.

Court Disposition

Appeal allowed in part (on CMP issue), dismissed on other grounds; proceedings remitted to Grand Court for hearing of judicial review.

Orders

  • The appeal is allowed on ground 1 (CMP issue).
  • The appeal is dismissed on grounds 3 and 4 (lawfulness and family life).