OM (Cuba returning dissident) Cuba CG  UKIAT 00120 (24 May 2004)
Date of hearing: 6 May 2004
Date Determination notified: 24 May 2004
|Secretary of State for the Home Department||RESPONDENT|
"In 1994 the government eased restrictions on visits by and repatriations of Cuban immigrants. Citizens who establish residency abroad and who are in possession of government issued permits to reside abroad may travel to the country without visas although citizens who departed after 31 December 1970 must obtain a costly passport to re-enter the country. Persons who are at lest 18 years of age are eligible to travel abroad and may remain outside their country for up to 11 months. In 1995 the government announced that emigrants who were considered not to have engaged in so called hostile actions against the government and who were not subject to criminal proceedings in their countries of residence could apply at Cuban Consulates for renewable 2 year multiple entry travel authorisations. However in 1999 the government announced that it would deny entry permits for emigrants who had left the country illegally after September 1994. It remained unclear which policy the government actually was implementing."
"Illegal entry into the national territory:1. Any one who, without fulfilling the legal formalities or immigration requirements, enters the national territory, incurs a sanction of depravation of liberty of 1 to 3 years or a fine of 3 to 1,000 Cuotas.2. Anyone who carries out the above described act in search of asylum is exempt from criminal responsibility."
His Honour Judge N Ainley