24-Feb-20
START DATE
END DATE
27-Apr-20
Marco Tavares v Minister of National Security
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
Hon. Chief Justice Hargun
Mr. Peter Sanderson (Benedek Lewin Limited)
Ms. Lauren Sadler-Best (Attorney General?s Chambers)
FACTS OF THE CASE:
Marco Tavares, a Portuguese national, appealed the Immigration Appeal Tribunal?s decision upholding the Minister of National Security's refusal to grant him indefinite leave to remain in Bermuda under Section 25 of the Bermuda Immigration and Protection Act 1956. Tavares argued that the Minister failed to consider his right to family life under Article 8 of the European Convention on Human Rights (ECHR), as his wife and children were British Overseas Territories Citizens (BOTC) born in Bermuda. The Supreme Court upheld the IAT?s decision, ruling that the Minister had properly considered family circumstances and that Article 8 did not require granting indefinite leave.
SUMMARY:
OUTCOMES:
Appeal Dismissed
RULED IN FAVOUR OF:
Minister of National Security
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Marco Tavares v Minister of National Security
Marco Tavares, a Portuguese national, appealed the Immigration Appeal Tribunal?s decision upholding the Minister of National Security's refusal to grant him indefinite leave to remain in Bermuda under Section 25 of the Bermuda Immigration and Protection Act 1956. Tavares argued that the Minister failed to consider his right to family life under Article 8 of the European Convention on Human Rights (ECHR), as his wife and children were British Overseas Territories Citizens (BOTC) born in Bermuda. The Supreme Court upheld the IAT?s decision, ruling that the Minister had properly considered family circumstances and that Article 8 did not require granting indefinite leave.