Falcon Onene Anglies v Minister for Home Affairs

• Jurisdiction: Bermuda
• Judge: Ian RC Kawaley CJ
• Judgment Date: 24 March 2016
• Court: Supreme Court (Bermuda)
• Docket Number: CIVIL JURISDICTION 2016: No. 107
• Date: 24 March 2016

[2016] SC 32 Civ

In The Supreme Court of Bermuda

CIVIL JURISDICTION 2016: No. 107

Between:

Falcon Onene Anglies

Plaintiff

and

Minister for Home Affairs

Defendant

Mr. Bruce Swan, Apex Law Limited, for the Plaintiff

Mr. Melvin Douglas, Solicitor-General, for the Defendant

EX TEMPORE RULING

(in Chambers)

Application for interim stay of Minister's decision that estranged husband should leave Bermuda- immigration-loss of special status husband rights-meaning of estranged-section 27A (2) Bermuda Immigration and Protection Act 1956

Introductory

1 In this matter the Applicant has issued an Originating Summons against the Minister of Home Affairs seeking the following substantive relief:

• (a) that the Plaintiff be allowed to remain in Bermuda;

• (b) that until the decree nisi be made absolute, the Plaintiff shall remain the spouse of a Bermudian;

• (c) that the Defendant shall not deport the Plaintiff on or before 24 ^th March 2016.

2 The background to this matter is that on 18 ^th December 2015, the Minister wrote a letter to the Plaintiff advising that the Department of Immigration had received information that he was no longer residing as a husband with his Bermudian spouse. Enquiries had revealed that he had left the matrimonial home in September of 2015. He was accordingly given until 18 ^th March 2015 to leave the Island.

3 A letter was written by Apex Law Group Limited on his behalf to the Department of Immigration on 7 ^th March 2016 inviting the Minister to reconsider his decision. It appears that a chasing letter was sent on 22 ^nd March 2016 which prompted a response, which is not before the Court, on 23 ^rd March 2016 requiring the Plaintiff to leave the jurisdiction on 25 ^th March 2016.

The legal basis of the application for interim relief

4 The Solicitor-General at the outset of the present application, which was for interlocutory relief in support of the Originating Summons, took the preliminary objection that the only conceivable remedy the Plaintiff could have would be by way of judicial review. But it is instructive, in terms of considering the matter as if that sort of application was formally before the Court, to understand the nature of the relief which was being sought on an interim basis. And that was, most significantly:

• (1) an Order that the Plaintiff be allowed to remain in Bermuda;

• (2) that until the Decree Nisi be made Absolute, the Plaintiff shall remain the spouse of a Bermudian;

• (3) that the Minister should not deport the Plaintiff on or before 26 ^th March 2016.

5 Mr Swan rightly submitted that if the Court was dealing with a judicial review application, the Plaintiff would challenge the second decision requiring him to leave tomorrow. But on that basis no question of deportation arises because the Plaintiff at this point is not facing deportation, it being explained on behalf of the Minister that persons required to leave would generally do so, rather than face deportation and being placed on the Stop List.

6 And so the question is, looking at this matter broadly, whether this Court (treating this as a judicial review application), should stay the Minister's decision that the Plaintiff should leave the Island tomorrow. The only apparent challenge that has been clearly identified as to the legality of the Minister's decision, there being no clear evidence 1 that the...