John Simmons, the adopted man who was taking on the Attorney General in an effort to get the Immigration Law amended, left court disheartened, but determined to go on yesterday after Chief Justice Richard Ground dismissed his case.

"This is just round one!" his lawyer Mark Diel said shortly after judgment was passed down.

Mr. Simmons and Mr. Diel were challenging the Immigration Law, specifically Section 22 (1) (d) (ii) that states that "a person who possesses Bermudian status (by virtue only of being the child or stepchild or adopted child of a person who possesses Bermudian status) shall cease to possess or enjoy that status when they reach the age of twenty-two".

Mr. Diel argued that the Adoption Act and Immigration Act "clashed" and was unconstitutional as it restricted his client's freedom of movement and right to family life.

He ultimately hoped to level the playing field between children adopted by Bermudians and children born to Bermudian parents.

Mr. Simmons, who was born in Jamaica, but adopted by the late Olga Simmons when he was 17, was denied status when he applied before his 22nd birthday on the grounds that he had not been in Bermuda for the stipulated minimum of five years.

The law currently requires all adopted children, step-children of Bermudians or children born to Bermudians with status, who are applying for status, to have lived in Bermuda for at least five years prior to their application and to apply for status by their 22nd birthday.

This law does not apply to children born to Bermudian parents.

In a written statement handed to the Press in court yesterday, Mr. Justice Ground said that the Bermuda Immigration and Protection Act did not conflict with the Adoption of Children Act 1963 or Part IIA of the Children Act 1998 as was stated by Mr. Diel.

He added that all three Acts did not contravene section 11 of the Bermuda Constitution (which safeguards freedom of movement), or any of its provisions. Mr Diel had stated in his arguments that the Immigration Act contravened Mr. Simmons' freedom of movement and his right to family life.

Mr. Justice Ground added that The Human Rights Act 1998 did not apply in Bermuda and did not amend the Constitution nor govern the interpretation of the Constitution by Bermuda's courts.

He said the European Convention on Human Rights also did not apply to Bermuda, and the Constitution should be interpreted purposively to give effect to it.

"That does not allow me to add rights not already embodied in the Constitution, and then to declare legislation void for inconsistency with such added rights."

Mr. Justice Ground said the provision of sections mentioned by Mr. Diel, including Section 22 (1) (d) (ii) of the Immigration Act, did not, in their application to adoptions after the age of 17, contravene Article eight of the European Convention on Human Rights. And on this basis he dismissed the case.

Mr. Justice Ground added that Mr. Simmons could apply for status under section 19 of the Immigration Act as a person with a "qualifying Bermuda connection".

That section of the Immigration Act requires the applicant reside in Bermuda for ten years immediately preceding the application ? which Mr. Simmons will qualify for next year.

In an interview following the case yesterday, Mr. Diel said he was disappointed, but not surprised and would definitely be filing an appeal. "It is an important decision and has an impact on not only my client, but on a number of people in Bermuda, as can be seen from the ," he said.

He was referring to an interview with Diane Williams and her son Jason, who was denied status and deported because he had only been in Bermuda four years and three months prior to his 22nd birthday.

Mrs. Williams, who is Canadian, married a Bermudian who then proceeded to adopt her three children, including Jason, shortly after his 17th birthday.

Meanwhile, Mr. Simmons, who is married to a non-Bermudian and living in Southampton, said yesterday that he would not give up and take the case as far as he had too.