Minister: Immigration Appeal Body Needed
On Friday [July 8] the Minister of National Security, Wayne Perinchief tabled the Bermuda Immigration and Protection Amendment Act 2011.
Where an individual is aggrieved of a Minister’s decision on a work permit or of the grant or revocation of Bermuda status, the Act currently allows for appeals to Cabinet. The amendment would lead to the formation of an independent body to be chaired by an experienced lawyer and comprised of other persons in the community interested in public service in this area.
Full Ministerial Statement:
Good afternoon and thank you for coming. On Friday in the House of Assembly I tabled the Bermuda Immigration and Protection Amendment Act 2011. Although we will debate the Bill in due course I think it is important to give an overview of its contents and to put its importance into perspective.
The Act currently allows for appeals to Cabinet where an individual is aggrieved of a Minister’s decision on a work permit or of the grant or revocation of Bermuda status. Recent decisions of the Supreme Court have clearly indicated that in spite of its vintage and the fact that this kind of appeal has long formed part of our body of laws, greater independence of the tribunal is required.
In fact, our Constitution demands that such a Tribunal be independent of the Executive. The Court has found that the Cabinet Appeal Tribunal, comprised as it is of Ministers of the Government, simply does not comply with that Constitutional requirement.
The Bill represents this Government’s commitment to ensuring that justice is not only done, but that it is seen to be done. This work was begun and in fact completed by my predecessor Colonel Burch and I am grateful to him for that. As the Minister now responsible I am tasked with piloting the Bill through the Legislature.
Members of the public must have confidence in our institutions and in our processes. The creation of this statutory body, chaired by an experienced lawyer, and comprised of other persons in the community will now hear appeals under the Immigration Act.
I am confident that we will identify capable people, interested in public service in this area that will act judiciously and inspire confidence in the process that reviews decisions of the respective Ministers who now exercise functions under the Act.
A recent, frustrating example demonstrates how problematic our immigration laws have become. Attempting to respond to the concerns of some of our citizens who asked for clarity around the status of children lawfully adopted from overseas, left many of us simply scratching our heads.
To achieve some security for these children and their Bermudian families who adopt them exposed a web of Bermudian and UK legislation that often conflicts and seldom complements. The result was legal advice that the conflicts and inconsistencies in the various, applicable legislation would yield more confusion and not enable us to properly address the concerns of this group of our citizens.
Cabinet has discussed the way forward and the Ministry of National Security is examining the best means by which to accomplish the task first set out in 2010’s Speech from the Throne. We will identify a resource to lead in the wholesale overhaul of the Bermuda Immigration and Protection Act 1956.
In closing, I think it is important to point out that this Government continues to deliver on its promise to modernize and improve the immigration regime. A former Premier always said “change is a process and not an event”. In this area of immigration law, truer words could not be spoken.
Thank you.
Sounds good Wayne. While you’re at it you need to table the H.M. Bermuda Customs Amendment Act 2011 for any individulas aggrieved by their “due process” as they welcome back locals and tourists alike. They need some serious training in this area and this “God” mentallity that they have has got to go! There needs to be a separate complaints authority set up that is independent of them. They have no compassion and the drugs and guns are still getting in…sometimes even being carried out by their OWN!
Oh I so Agree, very much! HM Customs are a disgrace. Im starting to think that maybe foreigers should have the job, because there is no way a bermudian should be treating me like im scum upon the earth. Sometimes coming home after years of being away from the island, I think im in the CONGO or better Yet in Nigeria or something. They might as well point a gun to my head ad check my bags because the way they treat my family and other i’ve seen is a disgrace to Bermudians. Distasteful Custom Officers!
I have had a status application on the Minister’s desk for three years – yes, I said “three years”! This is AFTER a judge in the Supreme Court (the highest court in Bermuda) ordered the Minister to review it again according to the law.
If the Minister can’t follow a Supreme Court judge’s mandate, which in my case was blatantly ignored, what makes us think the Minister will follow the decision of an independent body of persons who wish to serve as a tribunal? The Minister’s powers are too strong in the matters of immigration and, in my opinion, should not be able to override the tribunal or, for that matter, the Supreme Court of law!
Interesting!!
“In fact, our Constitution demands that such a Tribunal be independent of the Executive. The Court has found that the Cabinet Appeal Tribunal, comprised as it is of Ministers of the Government, simply does not comply with that Constitutional requirement.”
So the PLP have been acting in direct contravention to the Constitution (not the first time mind you, let us not forget the Uighurs secretive, back-door arrival and subsequent misrepresentations to Parliament regarding erroneous security clearances). Are we really surprised here? This is the same Government that habitually ignores best practice, overrules the advice of the civil service and walks over the Planning Code.
Does this mean all prior rulings of the earlier Minister(s) wherein applications were denied (often at the personal and political whim of a single unelected individual) will be put aside and the Government proactively review any related requests to revisit earlier decisions?
I know its hard, but this thing has been around since the the beginning of Cabinet Government. The UBP did it too. The PLP just happens to be fixing it. By the way, how do you “overrule advice”? By its very nature, advice can be accepted or rejected. That’s the deal; civil servants advise, Ministers decide. Its been that way for hundreds of years.
Who exactly is going to appoint this “independent” Tribunal? The same people that appointed Laverne to the Human Rights Commission?
The Minister is trying,but I feaar most of this is electioneering. The PLP policy makers are scrambling to pull the party back to the center in a desperate bid to bolster popularity but I do not believe that those still pulling strings have any commitment to this and other, recent proposed changes.