4/5/2016
START DATE
END DATE
5/11/2016
Nigel Paul Clark v. The Minister of Home Affairs Supreme of Bermuda
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda (Appellate Jurisdiction)
Immigration Law
Hon. Justice Kawaley
Mr. Mark Diel (Marshall Diel & Myers Limited)
Mr. Philip J. Perinchief (Attorney-General�s Chambers)
FACTS OF THE CASE:
Nigel Clark applied for a Permanent Resident�s Certificate (PRC) on 28 July 2010, arguing that he had been ordinarily resident in Bermuda since June 22, 1989, based on steps he took to establish residency before physically moving. The Minister of Home Affairs denied the application, stating his residency did not commence before 31 July 1989. The Immigration Appeal Tribunal (IAT) upheld this decision on 26 September 2014. Clark appealed, arguing that (1) his pre-July 1989 visits and commitments should count as establishing ordinary residence, and (2) the Minister misapplied the legal test for "ordinary residence."
SUMMARY:
(1) Can "ordinary residence" begin before physically residing in Bermuda? (2) Did the Minister misapply the law by requiring actual presence before 31 July 1989? (3) Should the appellate tribunal have substituted its own decision instead of remitting the case?
OUTCOMES:
Appeal allowed; Minister�s decision quashed and matter remitted for reconsideration under the correct legal test.
RULED IN FAVOUR OF:
Nigel Clark (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Nigel Paul Clark v. The Minister of Home Affairs Supreme of Bermuda
Nigel Clark applied for a Permanent Resident�s Certificate (PRC) on 28 July 2010, arguing that he had been ordinarily resident in Bermuda since June 22, 1989, based on steps he took to establish residency before physically moving. The Minister of Home Affairs denied the application, stating his residency did not commence before 31 July 1989. The Immigration Appeal Tribunal (IAT) upheld this decision on 26 September 2014. Clark appealed, arguing that (1) his pre-July 1989 visits and commitments should count as establishing ordinary residence, and (2) the Minister misapplied the legal test for "ordinary residence."