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MPs back creation of independent tribunal for immigration appeals

Photo by Glenn Tucker ¬ Saun Crockewll for Up Your street

Immigration appeals will soon be held by an independent tribunal under legislation approved by MPs yesterday.Until now, anyone appealing an immigration decision by the Minister had to convince Cabinet to overturn it, but the Bermuda Immigration and Protection Amendment Act seeks to create a system guaranteeing impartiality.National Security Minister Wayne Perinchief told the House of Assembly of the old process: “At first blush it might be said that this appellate mechanism would provide a check on the power exercised by a Minister.“In some cases, I am certain that the Cabinet Appeals Committee did just that.“However, even the best intentions can yield unsatisfactory consequences. In this case, the consequences have been a system that needs to be strengthened.“The responsibility of Governments is to address change, promote sound processes and at every turn inspire confidence in its processes and procedures.”The Minister said 12 people would be appointed to the tribunal, including a chairman and deputy chairman who both have at least five years’ experience as barristers and attorneys.He said the amendments come as part of a wholesale overhaul of Bermuda’s immigration laws.“We need to bring certainty, simplicity and user-friendliness to these laws which affect our people in their everyday lives, in the conduct of their businesses, and count for much in the attractiveness of Bermuda as a jurisdiction in which to do business,” he said.“The creation of this Immigration Appeal Tribunal is best practice, constitutionally sound and will inspire confidence in the impartiality of processes key to the perception of Bermuda’s reputation as a jurisdiction of first choice.”One Bermuda Alliance MP Shawn Crockwell said his party fully supports the amendments, noting the old system was an anomaly that existed for far too long.“Bar members felt it to be unfair appellants had to go to Cabinet to appeal a decision that had been made by Cabinet,” said Mr Crockwell.He added that it’s important decisions are seen to be impartial, and suggested Government select panel members who are as independent as possible.Deputy Premier Derrick Burgess replied that it’s difficult seeking complete independence in an island as small as Bermuda.Shadow Attorney General Trevor Moniz pointed to challenges with the way work permits are handed out.Mr Moniz claimed one employer told him all he had to do is ring the old Immigration Minister and his request would quickly be granted; others point out this was not consistently applied across the board.OBA leader John Barritt also said Bermuda must guard against the perception that some people receive favoured treatment.Attorney General Michael Scott supported the legislation, saying: “The appearance of being a judge in your own cause is being removed.”