Govt Files Appeal, 115 People Naturalised
[Updated] Attorney General Trevor Moniz today said that Government has filed an appeal against the Chief Justice’s Judgment in Carne and Correia.
The Government said that since the judgment, the Immigration Department has been “inundated” with applications for persons seeking status, and 115 have already been naturalised.
A statement from Government said, “In October of 2012 enquiries were made to the Department of Immigration about the right to Bermudian status under Section 20B of the Bermuda Immigration and Protection Act 1956 [the Act] – with the applicants at that time correctly being advised that no such application procedure existed.
“In spite of this advice, applications were subsequently submitted to the Minister in 2013 at which time the Minister rejected the applications on the basis that there had been no pre-approval for Bermudian status under the Act.
“Notwithstanding, the Ministers decision was overturned by the Immigration Appeal Tribunal [IAT] with the matter eventually being appealed in the Supreme Court in January of 2014 with the Chief Justice ruling in favour of the applicants and stating in his summation, “the decision of the IAT directing the Minister to grant the Respondents’ applications for Bermudian status is accordingly affirmed.” This judgment now meant under the current legislation, a pathway to status for PRC holders was now possible.
“In essence, the Supreme Court ruling says that if a PRC holder submits an application for naturalisation to become a British Overseas Territories Citizen (BOTC) (Bermuda) to the Department of Immigration at the same time he/she submits an application for Bermudian status under Section 20B(2)(b) of the Act, and the Minister supports the naturalisation application which is subsequently approved by the Governor, the Minister must, save for various circumstances as set out in the Act, grant the applicant Bermudian status under the said section.
“And while this provision has existed for many years, it only came to light as a result of the original PRC legislation which would appear the previous Administration did not grasp the fact that provisions in the Act that were amended in 1994 would have this effect upon the introduction of PRC legislation in 2001. In essence, the PRC legislation has seemingly created this unique circumstance.
“Since the judgment, the Chief Immigration Officer has reported that the Department has been inundated with applications for persons seeking status as a result. And of this group, 115 have already been naturalised with a further estimated 1,340 possibly eligible to make an application for naturalisation.
“Notwithstanding the anomaly in the legislation, the Ministry has sought the advice from a the Attorney-General’s Chambers as well as a Queen’s Counsel in the United Kingdom on the merits of appealing the Supreme Court judgment.
“Whilst the advice received following an exhaustive review of this judgment by the aforementioned Counsel was not entirely favourable as far as the judgment being successfully overturned, the Ministry has nonetheless filed an appeal in this matter to the Court of Appeal which will allow the opportunity for further Government review of the matter.”
Shadow Minister for Immigration & External Affairs Walton Brown has called for Government to suspend applications for Bermuda status that fall under section 20B, and work on comprehensive immigration reform.
Update 5.27pm: In response to this announcement, Walton Brown said, “This is an appropriate decision by the Government, and I commend them for taking this step.”
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- Two Hour Video: PLP Town Hall On Immigration | Bernews.com | June 27, 2014
Absolute waste of Tax Payer’s Money..some of whom are PRC Holder’s!
if the Bda Government thinks they will overturn the Ruling they are sadly mistaken.
There are no words to describe my sadness and frustration at this move. If you genuinely want to block the path to status for these individuals, you are acting with no compassion or regard for people who have earned equal rights in this country. And if you appealed because you think you’ll lose the appeal and so will receive no blame for allowing the path to status (political games and leading by default), you don’t deserve to be leading this country.
“And if you appealed because you think you’ll lose the appeal and so will receive no blame for allowing the path to status ”
I would not be surprised if this is the case at all. This Government and their “govern by deception” approach is becoming a norm.
dear jessica, No One can earn the right to be equal to the indigenent people of Bermuda known as Bermudians.. There will never be equality amongst these ranks … check out other countries for their present and past policies! no time for tears time to be aware, paper people do not express any empathy towards the Bermudians who have been born here through the birthright both parents and grandparents in most cases! The system takes away the rights of Bermudians on a daily basis in sacrifice to people who come from other places and can go back there, not withstanding they are also made aware of their status once they arrive under no un certain terms it is blatantly clear that there is no quid pro quo.Regardless of the fact that these people have been here and working , we are not independent and should not be concentrating on making people from other places comfortable without examining our own independence for people that hve GOD GIVEN BIRTHRIGHTS to THIS and OTHER LANDS.
How about me. I am a PRC, and I was born here, attended school here and lived here all my life, I now work here and contribute to the economy. My brother is Bermudian, I am not. Tell me what my rights are. Am I ‘Bermudian’ to you? Do I have the right to be equal to a ‘Bermudian’?
el, please look up the word indiginent. you are sadly mistaken if you think it means someone that happend to be born in a particular place, perhaps of a certain ethincicity, with two or three generations before them that could claim the same thing . There are no indiginent Bermudians, we all came from somewhere else.
Indiginent! And you used it twice!Spell check even underlines it with the squiggly red line to show you it is wrong! The word you are searching for is indigenous.
Someone please raise the education standard on this island!
Yes, thank you, I had simply followed the wrong word used by el.
el.
Your father or your grandfather were paper Bermudians.
There are no indigenous Bermudians. We are all immigrants.
This is the kind of bigotry that will be the death of Bermudian prosperity. The British built our ports, the Americans built our airports, and the world built our international business sector. We owe our success to others. Be grateful. We are amazingly fortunate to be where we are. If you think we are somehow special or better than others; you are wrong.
An individual born in Bermuda to Bermudian parents has status. There is no citizenship since we are not an independent nation. I was born in Bermuda to Portuguese parents, but qualified at 18 for status. I have equal rights as that born Bermudian to Bermudian parents. Where is the God given birthright? We are all ”paper people”…
em…”The system takes away the rights of Bermudians on a daily basis “…. that’s the dumbest thing I’ve ever heard… what rights are being taken away from you? Please list them here. And please get your facts right on indigenous people. Why don’t you ask American Indians how that worked out for them? you’re a racist xenophobe he needs to go back to the green bubble you are living in.
Jessica,
I think your latter point describes exactly how people expect this is being played out.
It is politics. Those PRC holders so deserving of status, as far as many are concerned, are likely pawns in a game that ends with the OBA increasing their voting base.
So I suspect they (OBA) have no major concerns regarding the outcome of that appeal. Especially considering their emphasis on “advice received following an exhaustive review of this judgment by the aforementioned Counsel was not entirely favourable as far as the judgment being successfully overturned”.
While I voted for them, the so-called “conspiracy theories” tied to their history and approach ring louder in my head with each passing day.
Regardless of what your parents heritage is, the comments you made speak to someone that has an intelligent, balanced perspective on this subject. You are a REAL Bermudian.
What a stupid decision made by the OBA!!! When will they ever get the fact that they are never going to make xenophobe plp supporters happy???? This is a complete waste of time and MONEY, that we don’t have!!! Politics in Bermuda can be very frustrating, the correct thing to do is give all those ( law abiding ) PRC people their status because they earned it!!! They have paid into the system long enough and they deserve it!!!!
I can see the Alaska hall dimwits are working, 5 dislikes in 1 minute is the sure sign, hope you are all enjoying your plp tea???
I cant help but notice how active you are on this site. Do you always come across this angry?
Totally agree. Grow some b@lls OBA ffs.
They know what the right thing to do is,,,,let’s just let justice prevail ,,,I may never get it after all these years,but my children have it, my grandchildren has it i am up in age now sort of out the door sort of speak,but it amazes me ,,,O.b.a is like a king with no Crown….
“Let Justice Prevail” and “People of Color” two phrases, that during the last 400 or so years, just don’t seem to go together.
Every single Bermudian is descended from an immigrant.
And quite a few of the family trees in Bermuda need a few more branches.
What does that have to do with granting status?
I really hope these people do get status.. they put so much time and work into this island and us Bermudias appreciate them.. hope the kids also get it. Even if they came a year or 2 later. . Reality is they spent their lives mostly here..
Well Mr. Nuffin I wish you would inform us all what you speak of because at this stage you have said nothing; and I am still confused.
Save the personal attacks for another time please.
you are ALWAYS confused,you always were,you always will be..too much rum
My true feeling is that if you have resided here long enough and contributed to the community, paid taxes you should have every right to become naturalized. We are talking about the right to vote. I never knew being a Bermudian was all that special. PRCs have been here for a significant portion of their lives. Come on people enough is enough. Stop with the xenophobic behavior and get over it. Sorry only my personal feelings. I am sure haters will come out of the woodwork and bash me, but seriously……..GET OVER IT!!! I have been an expat in other parts of the world and it is the same. Not pretty, the same xenophobic behaviors and spite. Its not nice and subtly uncomfortable. I have a newfound perspective and understanding. While the perks were great, the social side, sly comments and uncomfortable, restrictive immigration policies geared toward expats were not.
If they have been here that long they have made enough money to go home and live a good life , Give Bermudians the opertunity to work and get by !!!
learn to spell and you might get a job!
I agree 100%. People who have spent the greater part of their lives living and giving to Bermuda should be welcomed with open arms. As a Bermudian who has been treated well by my adopted country the USA, I feel it only right we do the same to others. By all means have rules and regulations that need to be followed but for those that have followed them treat them fair and treat them well.
Let’s face it lots of us are racing to England to work and live with privileges
So what does this mean for the 115 that have already been naturalized?
The Government is faced with the classic “damned if you do, damned if you don’t”. This issue was created by poor legislation created by the PLP. The Government has to Appeal, even if the outcome is known and will likely lose. Chief Justice Kawaley is a very able and experienced lawyer. At least this should lead to proper legislation that will no doubt grant those PRC holders impacted by the Chief Justices ruling, and probably all, to still be able to gain Status. There is no deception here by the OBA, just trying to solve a problem, very similar to that created by the PLP with the Uighurs.
Totally accurate—this is a complete “hospital pass” for this administration.
I haven’t heard the Opposition talking about how drafting under their watch has contributed to this situation. Hello folks–you have something to do with this too!
With so many “experts” being involved and commenting on the situation–how did we ever get here in the first place??????
This comes down to basic Human Rights–We as a country need to put people before party politics and do the right thing.
1,340 less jobs for young Bermudian … And you want the children to get status all I can do is SMH !!!!!! EVERY DAY BERMDIANS ARE BEING LET GO FROM THERE JOBS looks like these folks already have it made
No that is not 1340 jobs less for Bermudians. PRC holders are already entitled to work whatever job they can as there are no work permit restrictions on PRC holders. If your going to spout on about an issue, at least learn the facts
@ bermy, the phrase ” you can’t fix stupid ” was coined after a conversation with ” stop thinking” just another xenophobe plp supporter!!!! They really are a sad bunch!!!
Actually it is more jobs for Bermudians. All of the current PRC holders that currently have jobs will have equal rights, as everyone else who has the right to reside here permanently does, and rightly so.
I don’t think you understand who we are talking about. These are people who have lived and worked in Bermuda for many years. If there were Bermudians who wanted their jobs they would have taken them years ago. Yes we need to create more opportunities for Bermudians but that shouldn’t come at the expense of someone who has committed their lives to Bermuda.
PRC holders can already work without the need for work permits.
The misinformation that fuels such hatred is scary and pathetic all at the same time.
Bermuda a friendly place with friendly people my a**.
You lot sound more and more like the tea party opposing Obama and immigration each and everyday.
Once and for all, Foreigners are not the reason bermudians don’t have jobs. The reason is because all the foreighn investment (think I&B) and the trickle down effect of their being here was chased away by your fellow economically challenged xenophobes. give it up already ffs, deal with the facts and stop spreading the party bull. cause that’s all it.
This PRC issue has really shown up the hypocrisy of certain Bermudians. So a PRC holder, it is closed so no more, is now subject to disdain about gaining status yet every day another non Bermudian marries a Bermudian and after 10 years gets status. This is OK? 10 years with no ties versus people who have been here 20+ years and have children BORN here are told they can’t have status? Grow up.
Oh and while we’re about it, this weekend is National Heroes Day. The first National Hero was Dame Lois Browne Evans. While born in Bermuda, her parents and grandparents were born in Nevis and St Kitts. She married a Trinidadian. She was fortunate the UBP granted status at that time. Today she would be lucky to be a PRC.
and how many in the plp are from other Islands…hmmmmmmmmm…they really don’t want to open a can of worms
Silly rabbit the UBP was formed in the 1960s
Dame Lois Was born in the 1920s
Chris, that doesn’t change the fact that she turned out to be one of Bermuda’s most dynamic people who helped make our country a much better place to live for all.
Thank you for correcting me. My dateline went amiss. Delete that sentence, but the remainder is still valid.
An excellent point. There are many PRC’s who have done a great deal for Bermuda and there are many Bermudians who have caused nothing but trouble. I sometimes wish we could just do a swap.
…but that’s different. We knew she was a real Bermudian, right?
What’s a ‘real Bermudian’
That’s a chance they took when they 1st came. They have had plenty of opportunity to leave but they didn’t. This is a risk they took. Now deal with it. And plus would they give up their status of the country they are from to be Bermudian? I doubt it. Can’t have ur cake and eat it too.
They had plenty of opportunity to leave? The point is they didn’t want to leave. They committed themselves and their families to Bermuda. As to holding onto their original status that goes the same for us Bermudians who choose to emigrate. We wouldn’t want to give up our own Bermudian status either.
Does’nt this telling something,if we already here for 45 years it shows we already have given up our statues of country,and yes we had a change to leave any time we wanted ,but what about our born Bermudian children leave them behind to where,a place they don’t know and a place that I myself don’t know nothing about since I left my country the age of 10.
Do any one really know what’s a Bermudian?
Does… Sorry.
The docks case will take up time
This case will take up time
Time that could be spent on jobs and education
I 100% understand why PLP is upset. This means they will never ever get back in power. 115 voted is all it will take. And this is only the beginning.
Perhaps if PLP hadn’t treated foreigners like poop they wouldn’t be in this situation.
Kama’s a bitch huh!
Marc Bean’s speech in the House last Friday won’t do much to improve their chances. Any possible political appeal the PLP might have had with this group completely went out the window then.
Our population is literally shrinking. Our birth is too low to maintain our current population and our population is aging rapidly. All countries need immigration. Bermuda is no different. Why on earth wouldn’t we choose PRC’s who have dedicated more than a quarter of a century to Bermuda? Its like a 25 year interview. It simply is the right thing to do…period.
Wow, we are so short sighted sometimes. Our children will be ashamed of us if we don’t get this right. All PRC’s should become Bermudian. Its in our best interest….spoken as a Bermudian.
Absolutely Stephen…”At times commonsense aren’t too common” and without any doubt, this is one of them occasions
In any event, the O.B.A. will appeal the judges decision but, “the line has already been drawn in the sand”. (Wink-wink)
Fun fact – It is actually easier for me to get Permanent Residency in Canada than it is to get Bermudian status for my kids who were born in Canada…go figure…
The Well is dry !
Seeing as we are talking about money every minute of every the day! You could buy status at $1000,000.
That puts you in and gets the Government out of debt.
If you look up the meaning of “status” it does not give you a whole lot, except privilege.
However ! if you look up” Naturalization” that a whole different road to travel.
If i may cut and paste a quote form the above article
“In October of 2012 enquiries were made to the Department of Immigration about the right to Bermudian status under Section 20B of the Bermuda Immigration and Protection Act 1956 [the Act] – with the applicants at that time correctly being advised that no such application procedure existed.”
I may have the facts wrong but in light of the decision by the CJ the following is apparent
1. Those who made enquiries in 2012 were NOT “correctly” advised at all
2. Who advised these people? presumably civil servants who had been in turn advised by the AG chambers
3. the Minister presumably refused the applicaitons – again based on advice from the AG’s chambers
4. So what has caused this sudden change in what the Government thinks is the law between 2012 and now – it appears civil servants might have been handing out views back in 2012 which were more political in nature than legal.
No need to panic my fellow Bermudians we know what this anti-Bermudian one term UBP/oba government is all about when it comes to it’s anti-Bermudian agenda; but all this will do is make it it easier to mobilize against them and it will be less of a need for the strong to carry the weak as we liberate our country.
Alvin, the country was liberated December, 2012. Where have you been?
Mobilise against them? Liberate our country?
Alvin, you are beginning to sound more and more like the Tea Party rednecks each and everyday.
You are the most anti-Bermudian person posting on these blogs.
You provide nothing to our society and are simply a narrow minded, bigoted, racist liability for this island.
The quicker people who think like you disappear the better it will be for everyone.
Nasty POS.
Alvin, you’re still fighting that battle that doesn’t exist I see. Why don’t you stock up on canned goods and go live in the woods somewhere while you wait for your imaginary war to happen…or better yet, go crawl back under your prehistoric rock.
Its not your country Alvin.
Go back to where you came from.
Yours truly closing in on 400yrs!
Dream on Alvin. PLP is finshed. They wrecked Bermuda, now they can live in the dog poop they created.
PLP really did put us back on the plantation. You must feel so proud.
Wait a minute, I’m confused. I thought that this government was all for making it easier for naturalised Bermudians and PRC holders to obtain Bermuda status. So why are they appealing this case?
To pacify the people that don’t agree with them not appealing…The writing is on the wall i.e. etched into the stone.
This is such complete crap. I was born and raised here and I can not get Bermudian status because I was not born before July 31 BUT both of my siblings and kid are Bermudians. It should be looked at case by case. This is my home! It’s so unfortunate that I have to suffer because of such a stupid law and yea it’s stupid!!! I would like someone to explain to me how a spouse of Bermudian gets status and has more rights after being married for 10 years? Both PLP and OBA is full of crap. If they spent all their time trying to make Bermuda a better place like they do bashing one another and exposing one another we wouldn’t be as bad as we are!
Based on the limited information you have given it certainly sounds like you should be a candidate for status. There should be room for case by case situations as sometimes people do fall between the cracks as would appear to be the case with yourself, especially if you were born and raised in Bermuda.
I was born and raised here to foreign parents. I’ve got a brother and Bermuda is all we’ve ever known. Although my parents have lived here for 20+ years, they missed the PRC cut-off date by only a few months and immigration were strict about that so we still need papers. A teen like me can’t even work a summer job.There are people getting married to Bermudians and gaining status when there are so many others like me who lived here our whole life but have no rights. Cmon Bermuda.