had before divorcing.

Mom-of-two Mrs. Maria Lia Alves was "deemed to possess'' status when she married a Bermudian.

This entitled her to rights and privileges of a Bermudian status holder.

But these were taken away when the Azores-born Mrs. Alves -- a Bermuda resident for more than 26 years -- was divorced.

Now the 37-year-old mom-of-two has started legal action against Home Affairs Minister the Hon. Irving Pearman.

She is pinning her hopes of victory on the Bermuda Constitution and human rights laws.

And if she wins, her case could have implications for other women in her position.

Government took away her rights under the Immigration and Protection Act 1956.

But she claims Government discriminated against her because she is a divorcee.

And she alleges Government fell foul of the Constitution and breached her human rights.

A writ against Mr. Pearman was entered in the Supreme Court register last week.

It cites the Constitution, Human Rights Act and the European Convention of Human Rights.

Mrs. Alves, of Summit View Drive, Hamilton Parish, who works at a jewellery store, is being represented by lawyer Mr. Delroy Duncan, of Trott and Duncan.

Said Mr. Duncan yesterday: "There appears to be an obvious conflict between the provisions of the Bermuda Constitution and the provisions of the Bermuda Immigration and Protection Act.

"In the courts we will be arguing that the provision of the Constitution should supersede the provision of the Immigration and Protection Act and because this lady has the right to move freely in and out of Bermuda her position as someone deemed to possess Bermudian status should not have been changed upon her becoming divorced.'' Yesterday an Immigration Department spokesman was reluctant to comment because of a possible court case was looming.

"I will be interested to see what the judge rules,'' he said.

Mrs. Alves was 11 when she came to live in Bermuda with her parents in 1967.

In 1972 she married Bermudian, Mr. Joseph Edward Alves and six days later she registered as a United Kingdom and Colonies citizen.

Under this, she was deemed to belong to Bermuda, according to the Constitution.

And she was also "deemed to possess Bermudian status'' under the Immigration and Protection Act.

After registration, Mrs. Alves obtained a British passport.

The couple, who had two Bermuda-born sons and owned Bermuda property, divorced in July 1990.

Mrs. Alves found out about the change in her position when she tried to renew the passport of one of her sons in 1992.

A status application was rejected, and she was told she needed a work permit.

"She was told had she applied for Bermudian status prior to her divorce, this would have been granted to her in her own right,'' Mr. Duncan said yesterday.

Mr. Duncan said, under the Constitution, Mrs. Alves was deemed to belong here -- irrespective of any rights she had by being a mother of two children living in the Island and born to a Bermudian father.

In addition, Mr. Duncan hoped the court would be swayed by how long Mrs. Alves was married and has lived here, and the fact she has Bermuda-born children.

He believed Government's decision was "disproportionate'' to the aim of the Immigration Act.

Mr. Duncan said "at the very least'' he hoped a court would restore Mrs.

Alves' rights.

Last night Mr. Pearman declined to comment because a court hearing was likely.