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Govt offers no evidence against Rufa

Attorney Fred Smith, QC, with Sandra Georgiou and Bruno Rufa.

Attorney Fred Smith, QC, with Sandra Georgiou and Bruno Rufa.

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

CANADIAN Bruno Rufa’s third judicial review against the Department of Immigration closed yesterday with no evidence or submissions filed by the government.

Mr Rufa and his partner, Sandra Georgiou, launched legal action against the government for its refusal to grant their multiple applications for homeowner’s resident cards because they did not submit utility bills with their applications.

According to their attorney, Fred Smith, the pair did not receive letters authorising their entry to the country to attend their trial until hours before their flights were scheduled to take off.

On Tuesday, Justice Petra Hanna-Adderley refused a request from the government for an adjournment but granted counsel until the end of March to send in submissions before making a ruling.

The application for judicial review was filed on June 14, 2018, and an originating notice of motion, inclusive of Mr Rufa’s affidavit in support of his application, was filed on July 11, 2018.

The government had six weeks to file its response but did not comply, and at a hearing on December 7, 2018, were ordered by Justice Hanna-Adderley to bring evidence on or before January 15.

Trial was scheduled for February 26.

On February 25, the government wrote a letter to the court requesting an adjournment and extension of time to respond; however, no summons requesting an adjournment was filed.

The JR action by Mr Rufa is the latest in his long-running dispute with the Department of Immigration which has seen, according to his attorney, amongst other things, his illegal detention without cause; him repeatedly being subjected to unnecessary document checks at home without notice by uniformed officers in full view of neighbours; putting him on a “stop list” without cause and/or telling him that he was on such a list without cause; and him being deemed to be “undesirable” without cause.

After the review closed, Mr Smith said: “Sandra and Bruno have been the victims of rank discrimination.

“This is the third in a series of judicial reviews in which Immigration have been shown to be the Ton Ton Macoutes of The Bahamas.

“They have suffered, as the court of appeal said in it’s judgment in Mr Rufa’s favor last year, a ‘nightmare’ born of the hateful vitriol of Fred Mitchell’s unfounded political victimisation.

“Even though the FNM are now the government, it appears that Mitchell’s Macoutes still hold sway at immigration.”

Mr Smith lamented that the couple had faced lengthy legal proceedings. He said: “There seems to be no end in sight for the continued persecution of these innocent Canadian snowbirds that chose to make Freeport their home 18 years ago, selling their home in Canada to retire.

“These are the kinds of winter residents that Freeport has needed for decades and yet the ignorance of the government in so far as Immigration is concerned continues to show up The Bahamas as a dangerous nightmare nation for innocent visitors who get into the crosshairs of Immigration.

“I now understand that because of the immigration department’s continued abuse of other directors and other American and Canadian homeowners at Coral Beach, it’s value is declining rapidly and it now has over 40 condominiums for sale at fire sale prices.

“Very regrettably for Freeporters and our reputation as a friendly and desirable place to winter, residents at Coral Beach are leaving by the droves as they sell their units.

“We continue to have Immigration to thank for Freeport’s floundering and insipid economy.”

Mr Smith called onn the government to stop any further victimisation of the couple or other homeowners at the Coral Beach condominiums, saying it was “nothing short of a national disgrace” that immigration “continues to run rogue over people’s rights”.

He said that when the government was called upon to answer a case at court, they obstructed, delayed, and offered no defence - all at the expense of the taxpayer.

He added: “I beg this government to try to change this pattern of behavior and use Immigration as a tool of development to promote The Bahamas as a beautiful country populated by friendly and welcoming people. That is who we are!”

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