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Asylum - Three-Year Refugee Leave

Cayman IslandsHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Cayman Islands Read the five questions ↓

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Asylum under the Refugee Convention: the person applies to the Director, who has regard to the Refugee Convention and any Cabinet directions; if the application succeeds, the person is granted leave to remain in the Islands for three years, with the right to work for any employer in any occupation.

See recorded sources

Which population, circumstances or geographic group does the mechanism cover?

Eligible applicants must be at least 18 years old or an unaccompanied minor, already in the Islands, applying at a place designated by the Cabinet; a successful applicant's own dependant children under 18 who are with them in the Islands are also covered.

See recorded sources
  • Cayman Islands — Customs and Border Control Act (2024 Revision), Section 111(2)-(3)
    (2) For the purposes of this Part, a person is eligible to apply for asylum if — (a) the person is at least eighteen years of age or is an unaccompanied minor; (b) the person is in the Islands; and (c) the application for asylum has been made by a person at a place designated by the Cabinet. (3) A person specified under subsection (4) may also apply for asylum for the person’s dependant children under eighteen years of age that are with the person in the Islands.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The application is made to the Director, at a place designated by the Cabinet, by an applicant who is already in the Islands. The Act does not name the designated place or an application form.

See recorded sources
Limits of the record
  • The Act does not name or publish the place(s) designated by the Cabinet, nor a public application form or online channel for the initial asylum request, unlike the student visa process.
  • Cayman Islands — Customs and Border Control Act (2024 Revision), Section 111(1)
    111. (1) A person who is in legal custody under section 99(1) or a person to whom permission to remain in the Islands has been granted under section 94(1) or 99(2) may apply to the Director for asylum, and in considering such application the Director shall have regard to the Refugee Convention and any directions given by the Cabinet relating to asylum applications.
  • Cayman Islands — Customs and Border Control Act (2024 Revision), Section 111(2)-(3)
    (2) For the purposes of this Part, a person is eligible to apply for asylum if — (a) the person is at least eighteen years of age or is an unaccompanied minor; (b) the person is in the Islands; and (c) the application for asylum has been made by a person at a place designated by the Cabinet. (3) A person specified under subsection (4) may also apply for asylum for the person’s dependant children under eighteen years of age that are with the person in the Islands.

What happens after the request: registration, family handling, major support and rights where officially stated?

Neither an applicant for asylum nor an appellant against a refusal is required to leave the Islands while the application or appeal is pending — from the date it is submitted until the person is formally notified of the outcome or withdraws or abandons it. The Act does not state registration steps, family handling or support during the procedure.

See recorded sources
  • Cayman Islands — Customs and Border Control Act (2024 Revision), Section 111(7)
    (7) Neither an applicant for asylum nor an appellant against the decision of the Director shall be required to leave the Islands pending the outcome of the person’s application or appeal; and, for the purposes of this section, an application or appeal is pending — (a) beginning on the date when it is submitted or instituted; and (b) ending on the date when the applicant or appellant — (i) is formally notified of the outcome of the application or appeal; or (ii) withdraws or abandons the application or appeal.

Which competent authority, UN body or official assistance channel should the person use?

The application is made to the Director of Customs and Border Control; unless certified as clearly unfounded, a refusal can be appealed to the Refugee Protection Appeals Tribunal within fourteen days of notification.

See recorded sources
  • Cayman Islands — Customs and Border Control Act (2024 Revision), Section 111(1)
    111. (1) A person who is in legal custody under section 99(1) or a person to whom permission to remain in the Islands has been granted under section 94(1) or 99(2) may apply to the Director for asylum, and in considering such application the Director shall have regard to the Refugee Convention and any directions given by the Cabinet relating to asylum applications.
  • Cayman Islands — Customs and Border Control Act (2024 Revision), Section 111(6)
    (6) Except for a person whose application is certified as clearly unfounded in subsection (4A), a person whose application for asylum has been refused may— (a) no later than fourteen days after the person is notified of the decision; or (b) such longer period, not exceeding five days, as the Chairperson of the Refugee Protection Appeals Tribunal may, for good cause shown, allow, appeal to the Refugee Protection Appeals Tribunal against the refusal on the grounds that requiring the person to leave the Islands would be contrary to the Refugee Convention.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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