A Jamaican father and husband faces deportation from Bermuda after losing a Court of Appeal bid to stay.Willston Davis went to court to fight his ejection from the Island, saying he wanted to remain with his Bermudian wife, Terry-Anne, and their twin son and daughter, who are 13.His lawyer Peter Sanderson argued that, despite being a convicted drug dealer, Davis ought to be allowed to remain here because he has a right to a family life.The Court of Appeal heard how 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, who is illiterate, 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.He went on trial, was convicted, and was given a 12-year prison sentence for the crime. During the trial, Davis was described as a married construction worker with seven children; three in Bermuda and four in Jamaica.He was living with his girlfriend, not his wife, at the time of the drug crime. Augustus was jailed for eight years for her roleIn 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.In October 2011 — two months before his release — 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.However, he was allowed to go and live with his family after being released from jail in December 2011 because his lawyer had already launched court proceedings challenging the deportation. The case ended up at the Court of Appeal on June 19 following a failed bid in March to get the Supreme Court to overturn the deportation.Mr Sanderson told the three appeal judges that Davis was denied the chance to have 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.”Maryellen Goodwin, representing Government, argued that procedure had been followed correctly.Yesterday, the Court of Appeal turned down Davis’s challenge to his deportation. They upheld the decision of Chief Justice Ian Kawaley on March 30 when he ruled against Davis.“We agree with the Judge’s finding and conclusion ... that incontrovertible evidence showed that the Minister took considerable care to assess the quality of the relationship between Mr Davis, his wife and their children and all the other relevant circumstances before making the impugned deportation recommendation,” the judges stated in a written ruling.Mr Sanderson asked the judges to put a 21-day ‘stay of execution’ on the deportation so he has chance to consider filing an appeal to the Privy Council in London, which is Bermuda’s highest court of appeal.He would also like to look into whether legal aid is available for such an appeal. The case has been funded by legal aid thus far.Otherwise, said Mr Sanderson, Davis faces being taken away from his family before he’s had chance to mount an appeal.“Until such point as the deportation order is overturned he will be separated from his wife and children who are not in a position to go with him to Jamaica and he doesn’t have the funds [for them] to make frequent visits,” he said.Mr Sanderson told the court that since Davis was released from jail in December: “He’s been looking after the kids, spending a lot of time with them.“He’s lived at home and looked after the kids, and if no stay is given he could just be lifted out of the family home and deported immediately.”However, Ms Goodwin successfully argued against any further delay to the deportation proceedings.She pointed out that the question of whether Davis is located in Jamaica or Bermuda would not affect the outcome of any further appeal. If he wins, he can apply to come back to Bermuda.Ms Goodwin also noted that since Davis’s passport has expired, assistance must be sought from the Jamaican Consul to repatriate him, which may cause some delay.Refusing to grant a “stay of execution” on the deportation, President of the Court of Appeal Edward Zacca said: “The appeal for the stay is refused; we don’t believe it will in any way affect the decision whether or not to appeal to the Privy Council, and Ms Goodwin said in any event it will take some time before the deportation proceedings can be instituted.”Davis and his family were not present for the hearing.