The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

IMMIGRATION Minister Fred Mitchell yesterday said the Department of Immigration “acted within the statute law” of the Bahamas in its deportation of Canadian resident Bruno Rufa.

Mr Mitchell said the government “maintains the position that it has the absolute discretion in law to say who can and cannot land in the Bahamas”.

Mr Mitchell’s comments came after attorney Fred Smith obtained a Supreme Court injunction restraining Mr Rufa’s deportation, who was taken into custody and deported by immigration officials on Wednesday following an adjourned hearing in Freeport, Grand Bahama.

Last night, Mr Smith said his client had boarded a plane en route to the Bahamas on Wednesday night, but was told by officials that he could not come into the country. He said Mr Rufa was in Florida but that his law firm was making arrangements for his return.

Speaking on the matter in his communication in the House of Assembly yesterday morning, Mr Mitchell said: “I read this morning in the press that Fred Smith, QC, has obtained an injunction restraining the deportation of a Canadian resident Bruno Rufa.

“Last evening (Wednesday) during the course of the House of Assembly I was notified of the following facts from the Department of Immigration: A man by the name Bruno Rufa was before the courts in Freeport, Grand Bahama on a charge of working illegally . . . appeared in the Magistrates Court on February 18. At the request of defence counsel, the matter was adjourned to March 12.

“I am advised that Mr Rufa is no longer in the country,” said Mr Mitchell. “The matter is before the courts and I await the disposition of the hearing. The government maintains the position that it has the absolute discretion in law to say who can and cannot land in the Bahamas.”

Mr Rufa is accused of illegally working in the Bahamas. He was charged on February 2 before Magistrate Debbye Ferguson with engaging in gainful occupation contrary to Section 29(1) and (2) of the Immigration Act.

Immigration officials arrested him on January 30 after he was reportedly discovered working at a pool bar at the Coral Beach Apartments without a work permit.

Magistrate Ferguson had adjourned the matter to Wednesday because Mr Smith had been unable to attend and released Mr Rufa on $2,500 cash bail.

On February 13, Mr Smith sent a letter to the magistrate requesting another date in March or April because he had to attend another matter in the Supreme Court in Nassau on Wednesday.

A letter was also sent to immigration officials on Tuesday, informing them of that and that Magistrate Ferguson had adjourned the matter to March 12.

On Wednesday morning, counsel at Callenders and Co received a call from immigration officer Raquel Lightbourne who informed them that Mr Rufa was still to appear in court and that she had not received a letter.

Mr Rufa and counsel Carey Leonard, of Callenders and Co, appeared in court that same day, when Magistrate Ferguson adjourned the matter to March 12 due to Mr Smith’s absence.

Immigration officers, however, immediately took Mr Rufa into custody, informing the court that the director of immigration had decided that Mr Rufa is an undesirable and is to be deported as soon as possible. Mr Leonard, appearing on behalf of Mr Smith, protested.

While in custody, Mr Rufa was taken to his residence to pack a bag, driven to the airport and put on the 3pm flight out of the country.

Mr Leonard wrote to the assistant director of immigration requesting a copy of the deportation order, but did not receive a reply before Mr Rufa’s deportation.

On Wednesday, Mr Smith filed for an application in the Supreme Court on behalf of Mr Rufa for leave to apply for judicial review and for an injunction restraining his deportation.

Justice Philip Dunkley ordered that Mr Rufa be at liberty to bring judicial proceedings. He also ordered that until judgment in the judicial review proceedings or until further order of the court, the respondents, the minister of immigration and director of immigration, are restrained from proceeding with or continuing to undertake deportation of Mr Rufa.