Louisbin Foreste
By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
THE government has facilitated the return of a man who was deported in violation of a Supreme Court order, The Tribune has been told.
Louisbin Foreste, 24, returned to the country on Wednesday after having spent just over a month in Haiti. Prior to his deportation, he had been held at the Carmichael Road Detention Centre for three weeks.His return was confirmed by Attorney General Carl Bethel, who said the government covered the cost of his return flight. “This shows what a reasonable government we are,” Mr Bethel said when contacted yesterday.
“If someone apparently has strong documentation and if a procedural error was made, we address any apparent error.
“He now has the opportunity to correct his apparent defect in having failed to apply (for Bahamian citizenship) in a timely manner.”
The Tribune exclusively reported on Mr Foreste’s case last week and just days after publication the government took action.
The 24-year-old was born in Abaco to Haitian parents, and later moved to Nassau with his siblings.
Of Mr Foreste’s five siblings, his three sisters hold Bahamian citizenship while he and his older brother did not apply. Under the Constitution, persons born in the Bahamas to non-Bahamian parents are entitled to apply for Bahamian citizenship between the ages of 18 and 19.
He was arrested by immigration officials on October 5, and deported on October 27.
During that period, Mr Foreste petitioned the lawfulness of his detention and Justice Andrew Forbes was scheduled to hear his habeas corpus application on November 30.
His lawyer obtained an injunction before acting Justice Andrew Forbes on October 23, to keep him in the country until his matter could be heard in court.
A service form obtained by The Tribune indicates the Attorney General’s Office received the injunction on October 25.
The family claims officials at the Department of Immigration, and the Carmichael Road Detention Centre were also served with the order; however, The Tribune has not seen any proof of service.
Mr Foreste is represented by McKell Bonaby of Arnold Forbes & Co.
Mr Foreste could not be reached for comment yesterday.
Last week, he told The Tribune his time in Haiti had been filled with hardship, hunger and a constant fear for his life.
“You know when people tell you about somewhere you never been, but like you can only imagine it? Well, it’s worse and everyday people are dropping dead,” Mr Foreste said in a telephone interview.
“Everyday I’m seeing cars flipping over, bikes flipping over, many people dead. And stuff in Haiti is expensive, it’s very bad. I’m living with strangers, some nights I go to sleep hungry if my sister don’t send money. A water to drink is $20 Haitian.”
Mr Foreste’s matter is similar to the high-profile case of Jean Rony Jean-Charles, a man born in the Bahamas to migrant parents. Mr Jean-Charles was deported, but later ordered to be brought back from Haiti by a Supreme Court judge.
The Court of Appeal later set aside that landmark decision over concerns about his identity and Mr Jean-Charles has since taken his case to the Privy Council in London.
Ahead of those court proceedings last year, Immigration Minister Brent Symonette said the Immigration Department did not “normally” deport people who were born in the Bahamas. He added he would be “disappointed” if this practice was being carried out.
Comments
SP 5 years, 11 months ago
What happened? I can't believe Mr.Louisbin Foreste didn't want to stay in his beloved Haiti to celebrate Haitian flag day, speak Creole 24/7 and display his Haitian flag everywhere!
Damn Haitians want to turn our country into another Haiti for themselves.
Cas0072 5 years, 11 months ago
The government is not being reasonable at all. In fact, they are defying the constitution when they encourage and even facilitate Haitian nationals being returned to the Bahamas to apply for citizenship. Failure to apply in the allotted time frame means that that he rejected the option of citizenship and not that he gets a do over when he gets caught. This government continues to change the rules as they go along to facilitate illegal immigrants and their ungrateful offspring.
licks2 5 years, 11 months ago
We need to understand the particulars of this case. . .if there was a court injunction against deportation before they send him to Haiti the department of immigration was in violation of a court order!! We cannot violate court orders as we see fit. . .NO MATTER WHO IT IS FOR OR AGAINST!! The law is the law. . .
Cas0072 5 years, 11 months ago
If we learned anything from the Jean Rony case, it is that some judges will overstep as they see fit. Constitution or not. Even if there is irrefutable evidence that he was born in The Bahamas, he himself admitted that he did not apply and he is now 24. The constitution is very clear about that window of opportunity. Otherwise, both the Bahamas and Haitian constitutions agree that he is Haitian. The constitution does not provide alternate measures or do overs for those who miss the deadline. The real questions are on what grounds did the attorney base his argument for the injunction and what in the constitution did the judge use to uphold it? Are the players in this administration capable of upholding the law even when they personally disagree with it?
sheeprunner12 5 years, 11 months ago
Bring him here for what????????? ........... Take him straight to the Privy Council, please.
DDK 5 years, 11 months ago
“This shows what a reasonable government we are,” More like STUPID!
DDK 5 years, 11 months ago
When are those responsible for these so-called "errors" going to be held financially and job accountable for these on-going "errors". Why do heads not roll? Why do BAHAMIAN tax payers have to continue to support the GREAT HAITIAN NATION? Do there exist any BAHAMIAN politicians who actually have the intelligence and brass ones to know that enough is finally enough in this ramped-up take-over of our country?
Sickened 5 years, 11 months ago
WHY OH WHY BRING HIM BACK??
hrysippus 5 years, 11 months ago
This is good news as our elected State Officials are obeying the instruction of the judiciary. Anything else edges the country closer to totalitarianism.
My2centz 5 years, 11 months ago
The government has been practicing birthright citizenship without legal authority for decades. Partial adherence to the law is nothing to be excited about because it pleases you. Prioritzing self interests over the good of the country is exactly why this illegal immigration problem exists.
jamaicaproud 5 years, 11 months ago
Based on the law, why do you deserve this citizenship, more than this brother? Acting as if Bahamaland is heaven and you are the gatekeeper. KMBRCT
TalRussell 5 years, 11 months ago
Some my fellow comrade blogger's darkened post - paints such negative picture of having gone too many rounds in ring with darkness.
rawbahamian 5 years, 11 months ago
Brought him back so the rest of the Haitians are spineless a$$****s and that will give them incentive to start a riot !!! The judiciary needs to start by ejecting Fred Smith to whatever country would take him then do as the Dominican Republic did and evict all Haitians legal and illegal so we can deal with our own Bahamian issues who are NOT shipping our economy to Haiti via Western Union !!!
tell_it_like_it_is 5 years, 11 months ago
Oh wow, there are some really cold comments on this platform. These people are still human beings, whatever you may think about the judicial system.
REDreddington13 5 years, 11 months ago
I agree with you. No good deed goes unpunished. A case of “Damned if you do and damned if you don’t”.
My2centz 5 years, 11 months ago
This country is not the commonwealth of the Red Cross. The line between humanitarianism and law has to remain clear. The Bahamas morphing into Haiti is not a benevolent act, it’s stupid. However, the final decision on the two individuals in question goes, it should not reaffirm any entitlement outside of the law as they both opted out.
jamaicaproud 5 years, 11 months ago
The man is Bahamian born, went to school with you and your "childrun". Stop the hate.
My2centz 5 years, 11 months ago
I leave the hateful, ingorant comments to faux humanitarians like you.
jamaicaproud 5 years, 11 months ago
I can assure you under Bahamian Law if they were to follow the letter. Who knows where they would deport you to.
jamaicaproud 5 years, 11 months ago
Hallelujah
Emac 5 years, 11 months ago
It is always interesting to see this Jamaican troll show its ugly head whenever there is an immigration matter in the Bahamas. One would think that they have enough problem of their own to deal with. In short, proud Jamaicans should be the last people on the planet to even try to use any word that is related to "rights"! My extra senses are telling me that this person has an axe to grind with the Bahamas and in particular, the Immigration Department of the Bahamas.
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