A Jamaican national has appeared in court to fight his deportation from the Island, saying his aim was simply to remain with his Bermudian wife and two children.“My wife is not doing too well,” said Willston Davis, whose spouse Terry-Anne was said to be too ill to attend a sitting of the Court of Appeal.As for his twin son and daughter, both 13-years-old, he added: “They are upset. I just want to be with them. We will wait and see what happens.”The family is now awaiting a ruling on their appeal of a March 30 judicial review. The appeal attempted to challenge the deportation on the basis of Mr Davis’s human right to a family life. He has been living with his family in the meantime.Lawyer Peter Sanderson said it was possible for the case to go before the European Court of Human Rights, but only after all other avenues had been exhausted.“The European Court is potentially an option in future, but is not something that can be considered at this stage,” he told The Royal Gazette.The appeal was heard by Sir Robin Auld, Sir Austin Ward and Supreme Court President Edward Zacca, with Maryellen Goodwin representing the Crown.As a convicted drug dealer, Davis faces an uphill battle.Mr Sanderson argued that his client was never given a chance for an independent body to consider his case in light of his “fundamental right” to family life. Ms Goodwin countered that Davis’s family had been considered before the recommendation was made to send Davis home.Since final authority for a deportation order lies with the Governor, the decision cannot go before the Immigration Appeal Tribunal, she added.According to Ms Goodwin, Davis’s only recourse was to apply for a judicial review, which has already been turned down by then Puisne Judge Ian Kawaley.Davis married his Bermudian wife in 1997. The pair were separated in 2002, although they later reconciled.Having lost his immigration status as a result, Davis was found in 2003 to have been working illegally.In June of that year, he was caught giving 251 grams of crack cocaine to his girlfriend Cindy Augustus, at the Vernon Temple Child Care Centre in Southampton, where she worked as a teacher. Two years later he received an 12-year prison sentence, while Augustus was sentenced to eight years for her part.In 2008, while still in prison, Davis learned that the Department of Immigration was seeking to deport him upon his release. He wrote to then Immigration Minister David Burch, pleading to remain with his family.It was not until October 2011 — two months before his release — that Davis was informed that he was to be deported.Acting Minister Walter Roban recommended that he be sent home, following an investigation of his domestic situation by the Department of Child and Family Services.Yesterday, Mr Sanderson told the Justices that Davis was denied the chance to get the needs of his family taken into account.“No decision was provided in writing,” he said. “The Minister’s decision was not communicated to him, and then he received the deportation order.”Ms Goodwin argued that procedure had been followed correctly. In reference to Davis’s past, she said: “I don’t think it’s news to anybody in Bermuda that drug dealing and importation are at the centre of a lot of criminality that takes place in this jurisdiction.“I am sure that was at the forefront of the Minister’s mind when he made the decision,” she said.Justice Auld observed that Mr Sanderson’s case appeared to be that “family life trumps everything else”.He also noted that immigration and deportation operate under entirely separate, independent regimes; Mr Sanderson suggested there was a “lacuna” in the law when it came to his client.Ms Goodwin responded that deportation, since it concerned Bermuda’s internal security, was a specific responsibility of the Governor.“It’s absurd to suggest that the decision of an Immigration Tribunal should be given priority over the decision of the Governor,” she said.The Justices are expected to give their ruling on the matter later this month.Useful website: www.gov.bm.