A Cuban National Who Arrived Illegally In Cayman Brac In 2022 Files Legal Documents To Challenge Refusal Of Political Asylum
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By Alric Lindsay
According to documents stamped October 2, 2025, and filed with the Grand Court, Erixander Rivas Aguilar, a Cuban national, is seeking an order to set aside a decision of Cayman authorities refusing his political asylum application. Aguilar alleges that certain irregularities occurred in connection with a translation whereby his statements in Spanish were incorrectly translated into English by a person reportedly connected to the Cuban military regime.
Based on the legal documents, Aguilar arrived in Cayman Brac with other migrants on October 27, 2022.
Aguilar was refused entry because he did not have valid travel documentation.
Reportedly, Aguilar made declarations to seek asylum in the Cayman Islands on the same day, and he was deemed an irregular migrant pending an asylum assessment.
Aguilar completed the asylum interview on November 1, 2022, stating that he left Cuba because he disagreed with the political system.
Allegedly, Aguilar made an asylum application on October 27, 2022, which was refused by the Director of Customs & Border Control in February 2023; the decision was communicated by letter, in both English and Spanish dated May 2023 served on him on June 14, 2023. Aguilar indicated his desire to appeal against the decision of Director.
Reportedly, a notice of appeal was filed with the Refugee Protection Appeals Tribunal (RPAT).
According to the legal documents, Aguilar filed incomplete and poorly drafted grounds of appeal (by handwriting) with the RPAT in December 2023 and January 2024. Subsequently, Aguilar reportedly received free advice that those were faulty and almost not legible.
Reportedly, Aguilar addressed the issue with the RPAT via a letter on July 29, 2024, and via email and affidavit on March 17 and July 8, 2025, requesting leave to amend his grounds of appeal; he never received a single answer or reply on that issue.
Reportedly, the RPAT called a hearing on July 8, 2025, but this was adjourned because the RPAT did not have an independent Spanish-English translator. The hearing was therefore rescheduled for August 2025.
Based on the legal documents, Aguilar said:
My objection was made before and during the hearing to the translator —a Cuban National well connected to the Military Regime and Intelligence apparatus of the Havana Dictatorship-, my plea was dismissed, and the said lady was used as translator, the translation was incomplete and twisted, verified by my McKenzie friend a Doctor of Medicine excellent fluent in English and Spanish.
Aguilar added:
Whereas my McKenzie Friend was not allowed to assist me or to correct when the translation was different of what I have said in Spanish, he was muted intentionally and quasi premeditated, we saw the Cuban “translator” whispering in the ears of the Tribunal Secretary and signaling to us when we entered the room, the faces change and from that moment the approach towards me and my McKenzie friend was hostile to say the less.
Aguilar continued:
Whereas, my written submission (opening statement) was not accepted but refused at all material times, upon the dictated indication of the Legal Department Lawyer representing CBC ( a learned lawyer vs an unrepresented appellant) a clear inequality of arms, a prejudice could be felt in that room.
Aguilar concluded:
Whereas, there were procedural irregularities, the due process was not followed, these amount to the reality that I have not received a fair trial.
According to the legal documents, the RPAT allegedly failed to accord Aguilar a fair hearing consistent with the principles of natural justice in circumstances where Aguilar had a reasonable expectation that his application would not be reduced without an opportunity to make submissions to the RPAT upon the specific issue of political persecution in Cuba.
Aguilar alleges that the RPAT acted unfairly, irrationally, unlawfully, erroneously, and in a manner that was unreasonable and contrary to the principles of natural justice, as well as against its statutory duties and responsibilities. Accordingly, the legal documents state that the decision of the RPAT should be set aside due to substantial wrong and miscarriage of justice, so that Aguilar’s application can be reheard in accordance with the law.
