1/21/2008
START DATE
END DATE
6/2/2008
Reverend P.L.C. Haynes v Minister of Labour, Home Affairs & Public Safety
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
Immigration Law, Judicial Review, Constitutional Law
Hon. Justice Kawaley
Mr. Kelvin Hastings-Smith (Appleby)
Mr. Gregory Howard & Ms. Maryellen Goodwin (Attorney-General�s Chambers)
FACTS OF THE CASE:
Reverend P.L.C. Haynes, a Guyanese national, applied for judicial review after the Minister of Labour, Home Affairs & Public Safety refused to renew his work permit in 2002. The refusal was based on allegations that Haynes had been engaged in activities beyond his work permit�s scope. The Cabinet Appeal Tribunal upheld the Minister�s decision. The Court considered whether Haynes was denied procedural fairness, given that he was not allowed to respond to the allegations before his work permit was revoked and his right to reside in Bermuda was terminated.
SUMMARY:
(1) Was the refusal of Haynes� work permit procedurally unfair? (2) Did the Minister violate Haynes� right to be heard before making the decision? (3) Was the Cabinet Appeal Tribunal�s decision legally sound?
OUTCOMES:
Minister�s decision quashed; case remitted for reconsideration.
RULED IN FAVOUR OF:
Reverend P.L.C. Haynes (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Reverend P.L.C. Haynes v Minister of Labour, Home Affairs & Public Safety
Reverend P.L.C. Haynes, a Guyanese national, applied for judicial review after the Minister of Labour, Home Affairs & Public Safety refused to renew his work permit in 2002. The refusal was based on allegations that Haynes had been engaged in activities beyond his work permit�s scope. The Cabinet Appeal Tribunal upheld the Minister�s decision. The Court considered whether Haynes was denied procedural fairness, given that he was not allowed to respond to the allegations before his work permit was revoked and his right to reside in Bermuda was terminated.