Chinese immigrants denied asylum

In a landmark case here in the BVI, government has decided not to grant asylum to two illegal Chinese immigrants who have been living here for the past three years.

Chen Yijun and Wu Hui Fung arrived in the territory from China around the 28^th of September 2000.  They were among a group reportedly fleeing to the United States Virgin Islands, when their boat ran into problems and they were left on the island of Great Camanoe.

They were picked up by the local police and were subsequently deported by immigration authorities. However, the couple was sent back to the BVI because their immigration papers for China were not in order.

Local laws make provision for illegal immigrants to be kept in a place of detention. The police stations were not deemed appropriate for long term stays, hence they were housed at Her Majesty’s Prison at Balsam Ghut for some 20 months. 

Eventually, when their plight was made known, an application was made for habeas corpus by the firm of Harney, Westwood and Riegels, which has been handling the case from the outset on a pro bono basis.

The Chinese couple was released to a local custodian on the 6^th of May 2002. Since then, they had a baby, Michael Chen, born February 26^th, 2003. 

The couple applied for refugee status in the BVI and after some months, they were officially served with separate documents, Wu on July 9^th and Chen on the 11^th, informing them that their applications were denied. 
Attorney Dionne Boreland of Harney Westwood and Riegels confirmed that HWR is handling the matter and that they would be submitting an appeal to Executive Council. 

According to international conventions, persons seeking asylum have to demonstrate a well-founded fear of persecution in their own land and apply to the government in whose territory they’re seeking asylum. 

The British government provided assistance to the local government through an immigration asylum adviser to assess the claim by the Chinese immigrants.  The decision however rested with the local government, specifically the Chief Minister, in whose portfolio immigration falls.