The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

DESPITE Prime Minister Dr Hubert Minnis’ demand last year that illegal immigrants leave the country by December 31 or face consequences, nothing about this country’s immigration posture and policy has changed more than three months since the deadline passed, opposition leader Philip “Brave” Davis said yesterday.

Last October, Dr Minnis announced his hardline approach to illegal immigration, though he gave scant details about how the country’s approach to the issue would change if illegal immigrants ignored his warning.

“Since the December 31 deadline for all illegal immigrants to leave the country and a meeting with the Haitian president (during a CARICOM session), nothing seems to have changed,” Mr Davis told reporters yesterday.

“Irregular migration seems to have continued unabated (as has) the expenditure of hundreds of thousands in public funds on repatriation efforts, draining our resources that can be used to provide other essential services to our people.”

Mr Davis also took aim at recent immigration related judicial rulings, some of which he believes constitutes overreach.

He said: “Our principle concern on immigration is the protection of our territorial waters, our sovereignty and preservation of our national identity. We believe that recent court rulings and in particular the Jean Charles and Bruno Rufa rulings were wrong in law as the decision to permit or deny entry in The Bahamas rests with the executive and not the judiciary.

“The role of the judiciary is to ensure the decision making process of the executive is always fair and rational to all involved, not to make the decision as to who could or should be (given status) in The Bahamas.”

In 2015, Mr Rufa was given just seven days to wrap up his affairs in Grand Bahama and leave the country – despite having earlier being given a 150-day visa to stay in the country.

The seven–day order came at the end of a long-running dispute with the Immigration Department which had seen protracted court appearances over a number of years.

Former Appellate President Dame Anita Allen, along with appellate Justices Stella Crane-Scott and Roy Jones, in a written ruling released last week, said the director of immigration’s actions on December 23, 2015, against Mr Rufa were beyond his powers under the Immigration Act and thus not supported by law.

The case of Jean-Rony Jean Charles grabbed headlines after he was deported late last year. Mr Jean Charles was born in The Bahamas to Haitian parents, but did not apply for citizenship between 18-19 years old, as outlined in the Constitution, or any time thereafter. After he was deported, his lawyer filed court action.

A judge later ruled ordered that Mr Jean-Charles, 32, be returned to the country and issued status to permit him to remain in The Bahamas within 60 days of him applying.

He further ordered Mr Jean Charles be paid costs and compensation for breaches to his fundamental rights and liberties.

The government has since appealed this ruling.