7/5/2013
START DATE
END DATE
5/2/2014
The Minister for Home Affairs v. Carne and Correia
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
Hon. Chief Justice Ian Kawaley
Mr. Peter Sanderson (Wakefield Quin)
Attorney-General?s Chambers
FACTS OF THE CASE:
Rebecca Carne and Antonio Correia, both Permanent Resident Certificate (PRC) holders, applied for Bermudian status under section 20B(2)(b) of the Bermuda Immigration and Protection Act 1956. Their applications were refused by the Minister for Home Affairs on the basis that they had not obtained "pre-approval" before becoming naturalized British Overseas Territories Citizens. The Immigration Appeal Tribunal (IAT) overturned the Minister?s decision, ruling that the pre-approval requirement was an unnecessary procedural barrier. The Minister appealed to the Supreme Court, arguing that pre-approval was legally required and that the IAT erred in its decision.
SUMMARY:
(1) Was pre-approval a mandatory requirement for obtaining Bermudian status? (2) Did the absence of procedural guidelines invalidate the Minister?s refusal? (3) Did the ruling impact the constitutional rights of PRC holders?
OUTCOMES:
Minister's appeal dismissed; IAT ruling upheld; Bermudian status granted to Respondents.
RULED IN FAVOUR OF:
Rebecca Carne & Antonio Correia (Defendants).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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The Minister for Home Affairs v. Carne and Correia
Rebecca Carne and Antonio Correia, both Permanent Resident Certificate (PRC) holders, applied for Bermudian status under section 20B(2)(b) of the Bermuda Immigration and Protection Act 1956. Their applications were refused by the Minister for Home Affairs on the basis that they had not obtained "pre-approval" before becoming naturalized British Overseas Territories Citizens. The Immigration Appeal Tribunal (IAT) overturned the Minister?s decision, ruling that the pre-approval requirement was an unnecessary procedural barrier. The Minister appealed to the Supreme Court, arguing that pre-approval was legally required and that the IAT erred in its decision.