Jean Rony Jean-Charles outside court at an earlier appearance.
SUPREME Court Justice Gregory Hilton granted a partial stay of his landmark ruling in the case of Jean Rony Jean-Charles on Friday, releasing the government from his order to grant the Bahamas-born man status pending its appeal of his judgement.
Legal counsel for the government, and Mr Jean-Charles, both expressed satisfaction with the outcome following the decision with Attorney Fred Smith noting his client’s status has been effectively returned to the same state prior to his arrest, detention, and expulsion last year.
Meanwhile, Attorney Carl Bethel underscored the “operative part” of the ruling had been stayed and said the government was “happy” it was not bound to grant any immediate status pending a resolution from the Court of Appeal.
In court on Friday, Justice Hilton ordered Mr Jean-Charles was not to be arrested, detained or expelled and is allowed to support himself until the appeals have been determined. His full written ruling on the stay application will be made available on Monday.
The government sought a full stay of Justice Hilton’s ruling, in which the judge ordered the government to immediately issue a travel document to allow Mr Jean-Charles to return from Haiti to the Bahamas, and be reimbursed for that cost by the government; and to grant him “such status” that would “permit him to remain in the Bahamas and to legally seek gainful employment” no later than 60 days after his return.
Justice Hilton found that Mr Jean-Charles was “unlawfully expelled” from the Bahamas after having been detained at the CRDC from September 18 to November 24, 2017 in breach of his rights guaranteed under Article 25(1) of the Constitution.
Comments
rawbahamian 6 years, 10 months ago
How can his deportation be deemed illegal when Mr. Charles took it upon himself to NOT follow the Immigration laws of children born to ILLEGAL IMMIGRANTS here in The Bahamas are required by LAW to be registered on their 18th birthday. Now see that he was born here then we all know HE CAN SPEAK AND READ ENGLISH therefore HE CHOSE to be deported by not following the written laws of our Bahamaland regardless of what his dancing clown attorney is saying and portraying. If he wanted to stay here then he should have taken the steps, measures and procedures to facilitate his residency, plain and simple !!!
BigSlick 6 years, 10 months ago
just about the most ignorant of fact perspective i have read to date regarding this case
DEDDIE 6 years, 10 months ago
Ordering the government to issue status was shaky legally. The unlawful arrest is sound. There are two condition necessary for immigration officers to carry out an arrest. "Unlawful entry" or "Overstaying". Nether is applicable to Rony Charles. I doubt the Court of Appeal will overturn the latter.
CoolHead 6 years, 10 months ago
Man just STFU, it requires by law to apply at 18 and 12 months past your b-day yet it doesn't penalize either for not applying. It s easy for y'all to say : "they chose not to apply" but have no idea how the government make it close to impossible to apply for citizenship by asking for all kind of documents which sometimes take a year or two specially if either of the parents died or no longer live in the country...That's very stupid to say he chose to be deported... Probably by your personal law or your own written Constitution..
Iris 6 years, 10 months ago
rawbahamian, please clarify: what law requires the children born to non-citizens to register? Register for what and where? You make it sound as if he should have "taken steps" to "facilitate his residency," but you are not careful with your terms. Children born in Bahamaland have the right to apply for Bahamian citizenship at majority. Doesn't mean they will get it. Tell us where the written law says they must "register" (and, again, for what?) or else face deportation.
licks2 6 years, 10 months ago
I watched Mr. Smith face after this ruling. . .he knows that he got "trumped". . .Mr. Charles is still on the streets because the government "agreed" not to pick him up and let him work until the appeal! BUT THE GOVERNMENT DID NOT "GIVE-IN" TO THE DEMAND THAT MR CHARLES BE GIVEN STATUS. . .THE PART OF THE PRIOR RULING THAT CAUSE THE ROWING. . .WHEN THE JUDGE SAID THAT THEY GIVE CHARLES STATUS!!!
All the government "agreed to do" is let him stay here. . .and go to work if he has a job! The big question is. . ."can Mr Charles demand citizenship like his clown-of-a-lawyer was jumping all over the place, poking his "finger" in the Bahamian people's "eyes" and telling us that he ger take we things. . .no matter how they feel about his crazy and disgusting behaviour! THE PEOPLE HAS RISE-UP TO HIS CHALLENGE AND DEMAND OUR GOVERNMENT GIVE NO QUARTERS TO SMITH. . .THE JUDGE DONE BACK DOWN. . .THE APPEAL COURT WILL UPHOLD THE CONSTITUTION. . .MR CHARLES WILL BE DEPORTED AFTER. . .ALL BECAUSE HE FOLLOWED AN OUT-OF-CONTROL LAWYER. . .TOO FULL WITH HIS IMPORTANCE. For the very fact that the judge "asked" the government to "agree" to not deport Mr. Charles clearly shows that he and Smith knows the government can pick up his butt today. . .put him before the court. . .send him to jail and eventual deportation!! All constitutionally. . .based on precedent set by the partly-stayed ruling today. This judge just keep getting himself into muddy waters all over the place!! The appeal court will overturn the judge ruling. . .and mr Charles is left at the mercy of the Bahamian government! We will eventually let him stay. . .if his case is true. . .BUT "BAM" GOES THAT DOOR IN EVERYBODY ELSE FACE WHO ARE IN THE SAME CONDITION AS MR. CHARLES!!
set by the same judge's ruling!
BigSlick 6 years, 10 months ago
yup....you got it all wrong
sheeprunner12 6 years, 10 months ago
BigSlick = Fred Smith .......... HMMMMMMMMMM
Fred Smith is a real asshole who delights in trying to "slick" the Government with these cases about Human Rights and Death Penalty .......... But Bahamians and the Government are on to his game.
It is time that the AG and Brent close these so-called illegal immigrant children loopholes and put in place regulations to prevent this abuse by these HR lawyers and their UN cronies.
My2centz 6 years, 10 months ago
Some of you are playing dense because you want the courts to uphold what is unconstitional.
@Deddie, your word play is cute but the terms "unlawful entry", or "overstaying" do apply to this man. His "landing" date was his birthday. From that day until he applied he had his parent(s) illegal status and would have been deported as a minor. He overstayed the day he turned 19, without a pending application.
@Coolhead, How stupid and entitled is it to believe that special considerations should be given to Haitian applicants? The same rules apply to all children of foreign parents, not just Haitians. There is no reason for the chaos in Haiti to dictate Bahamian laws. This man according to his sister, chose not to apply.
@Iris, you sound very confused. The law requires every child in the Bahamas to be registered at a certain age. How else do we confirm who has that entitlement and who doesn't? At 18, he should have "taken steps" by applying for his citizenship, he did not. The law doesn't explicitily say deport them, but it does not confer automatic legal status of any kind. Therefore, if they are not legal, they are illegal and deportable.
Iris 6 years, 10 months ago
Repeat question: which law requires so-called registration at 18? Specify and enlighten. We need this type of information. Provide a link if possible. But, as far as my "dense" self knows, birth registration - which is still provided by our government to all children born in Bahamaland regardless of parental nationality - is how we "confirm" who is entitled, and who is not, to apply for Bahamian citizenship through birth here. So before you debase people with charges of "denseness", provide us with the specific laws and regulations of which you speak. Then we can have an informed discussion.
sheeprunner12 6 years, 10 months ago
Soooooooo, who is going to hire Jean-Charles?????? ........ messenger boy for Fred Smith QC??
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