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Some people who were naturalisedby the Governor last year, were told their applications for Caymanianstatus won't be heard this year, and now there is a...
New Status Quandary
Governmentmay again find itself before the law courts because of a controversysurrounding the granting of Caymanian status. The quota for 2002was set at 270, comprising 150 for those with residence of decadeor more and 120 for naturalization.
Some persons who were naturalised by theGovernor as British Overseas Territory Citizens since last year,have been told that their applications for a grant of Caymanianstatus under Section 17 (4) of the Immigration Law (2001) willnot be heard this year.
Informed sources told Cayman Net News thatthe reason being given by the Immigration Department is that theseapplicants applied for a grant of Caymanian status last year onthe grounds of residency and they are therefore prohibited bySection 18 (subsection 6) of the Immigration Law, from makingany further application for a period of one year from the dateof the refusal or two years at the discretion of the ImmigrationBoard.
It had been previously understood that theprohibition against further application provided for in Section18 of the law, was applicable only to a particular applicationmade such as an application on the grounds of residency.
Accordingly, if the applicant became eligibleto apply under any other section of the law such as on the basisof marriage to a Caymanian or naturalisation, the prohibitionwas irrelevant.
Cayman Net Newsunderstands that a legal position is being sought from legal advisorsto the Immigration Board and the Government.
"Basically, the affected parties areseeking legal clarification on what seems to be a very strictinterpretation of Section 18 (6) of the Immigration Laws. Theaffected applicants contend that they are being deprived of theright to be heard under this year's quota of 120 on the groundsof naturalization, and that this prohibition should not applyto them because their new application is not an abuse of due process,"a reliable source said.
Cayman Net Newswas told that Government may address this matter in the next sittingof the Legislative Assembly scheduled for September 2.
When contacted on the matter, chairman ofthe Immigration Board Mr. David Ritch, told Cayman Net News: "Theinterpretation of Section 18 (6 ) that the Board has relied uponin issuing its guidelines for Caymanian status applications thisyear, is based upon a legal opinion provided to the board by theGovernment's legal department.
"The government is aware both of theopinion and of its effect as a matter of law and is consideringwhat, if anything, is to be done about it at this point in time."