The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

THE SUPREME Court has ordered the Immigration Board to reconsider the “unreasonable” seven-day deadline it gave Canadian Bruno Rufa to wind up his affairs in the country.

Justice Petra Hanna-Weekes ruled that the Canadian would be allowed to remain in the country while the board determines a “reasonable and appropriate time” for him to wind up his affairs.

Mr Rufa, a condo owner at Coral Beach Condominiums in Freeport, brought judicial review proceedings against the Director of Immigration over his decision to cancel his visitor’s visa and remain in the Bahamas for 150 days on his return to Grand Bahama on November 23, 2015.

On December 24, he was ordered to wind up his affairs and leave the country within seven days.

In her April 8 ruling, Justice Hanna-Weekes said Mr Rufa had a legitimate expectation that he would be allowed to remain in the Bahamas until April 21. She said the expectation and the rules of natural justice were breached when the time was shortened from 150 days to seven. However, she noted that Mr Rufa did not have an entitlement to remain in the Bahamas for the 150-day period. She also acknowledged that the Immigration department was not obligated to reveal its reasons for the board’s decision.

The ruling read: “Considering the Applicant’s (Rufa) long though periodic residence in the Bahamas, his investment as a property owner, his duties and responsibilities as the president and director of a condominium management company and the fact the seven days given him to leave, a day and a half before the Christmas holiday, was unreasonable.

It continued: “I would have thought 14 days to have been a more reasonable period of time and not encompassing two public holidays namely, Christmas and Boxing Day.”

The Supreme Court Justice said that the decision for Mr Rufa “to wind up his affairs in seven days and leave the Bahamas is set aside and must be reconsidered by the Immigration Board. While the Board is reconsidering what would be a reasonable and appropriate time for the applicant to wind up his affairs no steps shall be taken to compel the applicant to leave the Bahamas.”