By Ava Turnquest
Tribune Chief Reporter
aturnquest@tribunemedia.net
IMMIGRATION Minister Brent Symonette wants Fred Smith to stop suing the government, insisting yesterday the outspoken human rights lawyer has made his point.
Mr Symonette, right, called for collaboration between attorneys representing clients on immigration matters and the Department of Immigration, to resolve issues without saddling the public purse with hundreds of thousands of dollars in legal costs.
His plea for co-operation comes on the heels of retired Justice Rubie Nottage’s charge that people waiting more than five years for an answer to their application for citizenship have a right to sue the government.
The government’s Citizenship Committee has now processed about 1,000 applications for citizenship but there are hundreds more to go, according to Mr Symonette.
“I thought [Mrs Nottage’s comments] were unfortunate because every time you sue the government and you win…say you win $200,000 to $300,000 worth of damages, that’s less resources we have for the hospital for dying people, or to improve [Department of] Immigration. The only one who makes out in that is the lawyers.”
Mrs Nottage was asked by a participant at a UB forum what she felt was a reasonable processing time for citizenship applications during a panel discussion on the Right to Nationality and Statelessness that was staged by the Office of the United Nations High Commissioner for Refugees (UNHCR).
“I think five years is unreasonable,” Mrs Nottage said at the forum, “the court would come to a decision as to what is unreasonable. What you’re saying is in natural justice, an application for citizenship is ‘a priori’ and if you have brought all your documents and you can show that, and there is nothing that they can say, you’re of good character, everything.
“Reasonable time would be maybe a year at the outside,” she said.
The Citizenship Committee was formed last year February to drill down on a backlog that has seen people wait more than 10 years for a decision, and has just under 300 long-term applications left to process.
However, Mr Symonette told The Tribune yesterday he had a master list of another 1,000 applications for citizenship and permanent residency that has not gone to the committee.
Citizenship applications represented the majority of that list, he said, noting some 200 had already gone to Cabinet and about 500 applications were incomplete.
While there is no way of knowing how many legacy applications are still out there, Mr Symonette said officials at the department have indexed all files related to citizenship and permanent residency and were combing through documents alphabetically.
Mr Symonette said: “I think the human rights, Fred Smith and (Rights Bahamas) have the right to obviously in a democracy to make the issues they’re making. I feel at some point some of it is not 100 percent accurate, some of it is sensationalism.”
He said he was never consulted on many of the issues currently before the courts.
“I would get letters to approve their citizenship within 30 days or ‘I’ll sue you,’” Mr Symonette said. “Well the system just doesn’t work that way, even if I want to do it, to the best of my ability I can’t approve citizenship in 30 days. With the best intention it ain’t gonna happen. I mean it just can’t.”
Mr Symonette said: “With all those judicial review cases it would be better to stop them, have the lawyer concerned send me a list and let me work my way through them because you’ve made the point. The system is inefficient.
“Fred you’ve made the point, stop them, give me a list of their names.
“In my opinion what they should do is try to organise between the lawyers and the ministers responsible for immigration for a dialogue to try and get these people dealt with.”
Mr Symonette continued: “At no time do I know when the main person who has been suing the government has sat in my office and we’ve gone over a list. It hasn’t happened, this has been carried out in the courts and the newspapers and I don’t answer. I’m doing what I can.”
Comments
bogart 5 years, 5 months ago
NONFEASANCE....MISFEASANCE..........DA CONTRACT AND RIGHT OF THE AGGRIEVED PERSONS LUCKY TO HAVE MONEY TO ENGAGE THE SRRVICES OF A LAWYER.....and many dont have that money an suffer....... HAS DA RIGHT TO ENGAGE DA SERVICES OF DA LAWYER......Democracy.....
licks2 5 years, 5 months ago
Dumb as usual. . .democracy also demands that all must follow the law!! Get ya lawyers. . .then the law kicks in and no citizenship for any persons who has pass their used by dates!! This thing goes with sense. . .
Well_mudda_take_sic 5 years, 5 months ago
Brent, stop your god damn whining, roll up your sleeves and do your job as a cabinet minister. You and your family have taken every advantage of the failed economic and social policies of our corrupt governments to grow your family's wealth to an obscene filthy rich level - more than the equivalent of US$250 million ($250,000,000).
At every opportunity Brent you have peddled your political influence for great family gain under the guise of being a caring politician. Now you want to dictate the manner in which those whose rights have been stomped on and trampled all over by government should seek legal redress for their woes. Yet you and your family would move heaven and earth to get to the front of the line to seek due process from our courts whenever your own rights or your family's rights have been seriously abused in any way.
Grow up Brent and do us all a big favour - stop running for elected office every chance you get by buying your candidacy.
elawharvard242 5 years, 5 months ago
I’m sorry but how is he whining? How has he used government money to advance his family’s wealth? Look at the facts and do your research before making such ignorant comments.
Chucky 5 years, 5 months ago
Very well said, good for you!
licks2 5 years, 5 months ago
Yall need to stop encouraging dumbness. . .would yinna say that to them other black persons who been in politics for years and have plenty money too? Yall does act like ya mar dem een gee ya no damn sense!!
geostorm 5 years, 5 months ago
This is the one time I can say that I miss Fred Mitchell as Minister of Immigration! Many think citizenship should be given out like candy, but it should not. It should only be given after careful consideration of the documents and FACTS presented. Those documents need to be the original or certified true copies. There are too many who try to defraud the government in order to obtain Bahamian citizenship.
If people are eligible, I agree that they should be processed in a reasonable time after application, but they should not be allowed to sue the government especially if they are not born to at least one Bahamian parent!
joeblow 5 years, 5 months ago
... AND IN INSTANCES WHERE MALE BAHAMIAN PARENTAGE IS ALLEGED, DNA TESTING, PAID FOR BY THE APPLICANT, SHOULD BE THE NEW NORM!
bogart 5 years, 5 months ago
NEEDS MORE MINISTER ASSISTANTS.......the methodology.....dat wants to hav one lmmigration LIST BY..... PRIVILIGED.......WEALTHY TO AFFORD LAWYER.......AVAILS TO AACCESS TO LAWYER....to priority process.......JUMP DA LINE.....IN IMMIGRATION.....REEKS OF INSTITUTION DISCRIMINATION.......!!!!!!!!!!......why shoulf all da others in da .ine waiting to ne processes....in process being processed.......be jumped over by ...prioritized...special attention to process...one list of persons has da money to hire one lawyer to jus get jumper over by one govt department....advocating to elitism....to get ...list of priviliged persons .....to get free an equal an fair equal help......to jump Over .....DISCRIMINATE...poorer pore waiting on live.....da porposal....or advocacy by gubbermint to get ......KNOWINGLY....weatthy....privilized...elites... persons who can afford one lawyer to be on a list suing da govt........to be given advanced more special attemtion......REEKS OF INSTITIONAL DISTRIMINATION......by public advocacy.......?????????
TalRussell 5 years, 5 months ago
Comrade Populaces be's on the watch when even Brent has to explain he lame attempt not funny joke telling directed at Colony's top seeded "King's Counsel (KC)" be's he target ... maybe so, maybe not. ...but $250 to $650 millions net worth has be tempting any KC, not want get they little slice abundance.....
TigerB 5 years, 5 months ago
Many of those immigration matters are older than 2 years. I see Brent point, cause if the truth be told, we, the citizens will be left holding the bag. Fred is suing for hefty sums of money. There are many cases like that in there, Then Ruby Nottage decides to spread the good word. Maybe we should give this some serious thought before we respond on here. I don't find it to be funny. The Government always passes its bills to the citizens in the form on new taxes, we all know that. . It was a bunch of bobo on previous Ministers over the years not doing due process on those illegal immigrant cases up there. I don't care if it was PLP or FNM immigration ministers.
Dawes 5 years, 5 months ago
Problem is we all know the only way to change Government is to sue. If Fred said right now "OK no more law suits etc and we will let Government sort itself out". In two years time you can guarantee nothing would have happened.
birdiestrachan 5 years, 5 months ago
these fellows are of the same feathers. It is important to remember that the man said he gave the FNM Party an undisclosed donation. In my view it speaks to something.
Like brought signed sold and delivered. Symonette should just get down on his knees and plead, I for one will enjoy that very much,
TalRussell 5 years, 5 months ago
Is there a special shout-out being made comrade red shirts lawyers and numbers man's - but not extended anyone PLP associated to please lets sit down face-to-face talk each other settle outstanding legal matters... why even other King's Counsel AG Carl Wilshire just hired a local firm's team of private lawyers handle disgruntle ex BPB board members law suit - just wild guess not PLP tarnished law firm, maybe so, maybe not?
TheMadHatter 5 years, 5 months ago
HAITIANS Too expensive to keep Too expensive to get rid of. Muddo.
sheeprunner12 5 years, 5 months ago
Haitians cost the Bahamian citizens at least $200 million per year ......... they are a drag on our country and slowly bringing us down to the level of Haiti
TheMadHatter 5 years, 5 months ago
True .... but now Brent saying govt cant afford to pay the lawsuits money from fabulous Fred. Apparently the Bahamas Constitution says (Chapter 3 section 19) that if you are a Bahamian you suck egg and gotsta pay all kinda money to foreigners dem. And das a quote.
bogart 5 years, 5 months ago
@ Hatter.....there simply isnt money......to waste...!!!!!...$300,000..for an inept mistake....per customer.......simple sentence to explain to customer...?????.....inability to mediate...????....compromise...???.........In jus about erry Ministry....Department....Govt Agencies....BEC....BoB.....there are millions of dollars being in lawsuits....May 8th article of one losing some $6 M in lawsuit....further millions in lawsuits ...Govt has not any mechanisms to deter lackadasical inept office work.......many inept political party supporters family friends... jus get jobs........square pegs, often experts at obstructionists, ...rude...nasty...stink...looking down...dehumanising people......minorities....handicapped.........answers to politicians.....bigger than the people......facilators of cronies, cohoots, of friends of political friends and dere friends........many there arent any customer service.....service to no pore people........Public servznts jus seem to be incapable of .....Mediation...resolving...compromising..simple wrongdoings to public users.....And customers are forced into suing litigation.....Govt lackadasical non actions jus cause hu dreds of millions dollars by incompetant rude, selfish...uncooperative workers....leading to lawsuits.....no mechanisms to prtcect aggrieved citizens....many citizens customers keep in mind election date...elect out...walk away no money to sue....talk within country and outside country.........many talk to their children, relatives, churches, friends, institutions abroad. ...from millions....grows to countless ....ALL STEMS FROM RIGHT UNDER DA NOSES OF POLITICANS WHO HAVE DA SOLUTION.....name any dept...govt agencies...that may not because of staff likely get suk teet...bad mout..or sued .......?????????....
John 5 years, 5 months ago
Families need to start suing the police and Marvin Dames and Anthony Ferguson for unlawful killings of family members. This current police administration seems to fallen in love with killings as much as the criminals.
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