The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

MANY Coral Beach Hotel condominium owners turned out in support of Canadian Bruno Rufa for the opening of his judicial review trial in the Supreme Court in Grand Bahama yesterday.

Mr Rufa is challenging the Director of Immigration’s decision to cancel and revoke his permission to land and remain for 150 days in The Bahamas.

The proceedings, which were slightly delayed, got underway around 11am before Justice Petra Hanna Weekes. The courtroom was filled to capacity with 30 to 40 condominium owners and a few employees who had come in support of Mr Rufa, despite the inclement weather.

Callenders and Co senior partner Fred Smith, QC, and senior associate Carey Leonard and Brent Malone were ready for trial; however, counsel at the Attorney General’s Office were not ready to proceed and requested an adjournment.

There was no official present from the Bahamas Immigration Department.

Mr Rufa, a longtime resident of Freeport, serves as president of the Coral Beach Management Company (CMBC). He was arrested early last year and charged in the Freeport Magistrate’s Court with allegedly engaging in gainful occupation without a work permit, a charge he denies. He is on $2,500 bail and the matter is pending.

On February 18, 2015, following an adjourned hearing in the Magistrate’s Court, immigration officials informed the court that Mr Rufa was considered an undesirable by the Director of Immigration and was to be deported as soon as possible.

After being deported, the Canadian brought judicial review proceedings against the government, and a Supreme Court justice ruled in October that he was unlawfully arrested and deported and that immigration authorities had breached the rules of natural justice.

Since then, Mr Rufa has been granted short periods of stay only to attend legal proceedings in the court. On November 23, when Mr Rufa entered the country, an immigration officer granted him five months stay, until April 16, 2016. 

On December 23, Mr Rufa was told by a senior immigration officer that he was to report to the Immigration Department with his documents.

When Mr Rufa and his attorney went to the department on December 24, the Assistant Director of Immigration informed him that the Director of Immigration had decided to cancel the 150-day stay granted to him, and that he was to wind up his affairs and leave the country in seven days by December 30.

Mr Rufa filed an application for judicial review to challenge the decision, and was granted leave by the Supreme Court on January 19. He is seeking to have the decision quashed, in addition to other relief.    

During yesterday’s hearing in the Supreme Court, Mr Smith agreed in “good faith” to the adjournment, but requested a date in mid-February for trial. 

He told Justice Weekes that Mr Rufa’s matter is of legal importance and noted that other condominium owners could also be affected.

He said that Mr Rufa, and his partner, Sandra Georgiou, have both submitted applications for their annual homeowners resident card last May, along with required payment, to Bahamas Immigration, but their applications are still pending and have not been approved.

Mr Smith indicated that other condominium owners are having similar issues as well concerning their application for annual homeowner’s resident card.

“It is a big issue; like Mr Rufa, there are other condo owners who have not received any word on applications for their homeowner’s resident card. I explained this to the Office of Attorney General that this is not a matter of private law as this is going to affect many condo owners,” he said.

In the meantime, Mr Smith said the respondents have agreed to permit Mr Rufa’s partner, Ms Georgiou, who is not part of the proceedings to remain in the Bahamas until February 29, but subject to any extension that might be granted by Immigration.

The respondent has agreed to file and serve trial submissions by February 8, and Mr Smith would file any reply by February 12.

Before wrapping up, Mr Smith told the court that the periodic short extensions granted to Mr Rufa is “inhuman and degrading.” Justice Hanna Weekes adjourned the trial to February 19.

Outside the courthouse, several of the foreign condominium owners spoke to the media expressing their support of Mr Rufa, who has served as president of CBMC for the past 10 years.

Larry Lacastro, who has been coming to Freeport since 2008, said Mr Rufa has done a great job at Coral Beach Apartments.

“I am disgusted about what is happening to him; he is trying to do good and keep us down here and the way they treating him is terrible,” he said.

Mr Lacastro said when he requests 100 days he is only granted 60 days and has to go back and reapply for more time. “I don’t want to be treated like I am not wanted here,” he said.

Nancy Cole and her husband have been coming to Freeport for 23 years, and purchased a condominium five years ago.

“Mr Rufa has made a lot of positive changes at Coral Beach, and we are afraid for ourselves as well because we love The Bahamas and we look forward to spending many more years here, but it is frightening when you think you could be sent off the island for no valid reason.”

Security officer David Bain said the entire situation could have a negative impact on tourism in Grand Bahama. “These people come here and create jobs for Bahamians and spend in the economy. I think what is happening to Mr Rufa is ludicrous,” he said.

Condominium owner Marsha Seer said she enjoys coming to The Bahamas. “We have financial investments here and it is upsetting to know that immigration has the kind of power that could remove us from the island at a moment’s notice without us having anything to say about it whatsoever; we feel it is reversed discrimination,” she said.

Tanya Fox, manager of Coral Beach Hotel, said Mr Rufa is a great boss. “He works well with everyone and he is like family to us. It is heartbreaking to see what is happening and we are here to support him,” she said.  

Mr Smith said that the foreign condominium owners spend millions a year in Freeport supporting the local economy.

“These are friends of Freeport, some of whom have been here nearly 50 years. These people don’t want to be fighting with our government. They are here to support Bruno Rufa, their president.

“We need to be welcoming to foreign investors, second homeowners, and winter residents, not terrorising or intimidating them, or chase them away, and frightening them; it’s not acceptable,” he said.