5/3/2016
START DATE
END DATE
8-Jun-16
MICHAEL BARBOSA and CHRISTINE BARBOSA vs. MINISTER FOR HOME AFFAIRS and ATTORNEY GENERAL
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Hellman J
Mr Peter Sanderson Wakefield Quin Limited
Mr Philip J Perinchief Attorney General?s Chambers
FACTS OF THE CASE:
Mr and Mrs Barbosa residents of Bermuda seek to adopt a niece from the Philippines faced legal barriers due to not being considered 'residents' under the 2006 Act due to not having Bermudian status. They sought declaration for recognition as residents for adoption purposes and claimed damages for infringement of constitutional rights due to historic failure in recognizing Mr. Barbosa's rights as a person belonging to Bermuda.
SUMMARY:
Whether persons belonging to Bermuda are residents for adoption purposes damages for infringement of constitutional rights
OUTCOMES:
Declared Mr and Mrs Barbosa as residents for adoption purposes under the 2006 Act awarded damages of $8000 for infringement of constitutional rights
RULED IN FAVOUR OF:
Plaintiff/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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MICHAEL BARBOSA and CHRISTINE BARBOSA vs. MINISTER FOR HOME AFFAIRS and ATTORNEY GENERAL
Mr and Mrs Barbosa residents of Bermuda seek to adopt a niece from the Philippines faced legal barriers due to not being considered 'residents' under the 2006 Act due to not having Bermudian status. They sought declaration for recognition as residents for adoption purposes and claimed damages for infringement of constitutional rights due to historic failure in recognizing Mr. Barbosa's rights as a person belonging to Bermuda.