Government could appeal against a judgment by Chief Justice Ian Kawaley that clears the way for certain holders of the Permanent Residents’ Certificate (PRC) to obtain Bermuda status.

And the Ministry of Home Affairs issued a statement last night pointing out that the pathway to status wasn’t new, but technically came into effect when the PRC law was enacted under the Progressive Labour Party in 2002.

“This provision has existed for many years, which has only come to light as a result of PRC legislation,” a spokeswoman said.

“It would appear the previous Government did not grasp the fact that provisions in the Bermuda Immigration and Protection Act that were amended in 1994 would have this effect upon introduction of the PRC legislation. In other words, PRC legislation has seemingly created this unique circumstance.”

There was no response last night to questions from The Royal Gazette on how many PRC holders could potentially obtain full citizenship.

Lawyer Peter Sanderson, who acted for applicants Rebecca Carne and Antonio Correia in the case, estimated the law could allow several hundred people to get status.

“You have to have been here in 1989 in order to qualify,” Mr Sanderson said. “These are basically people who have been living in Bermuda for most of their lives. A lot of them have generations of family here.

“They are fully part of our society, but thought they were excluded from status.”

One caveat is that PRC holders will have to have resided in Bermuda before August 1, 1989 in order to be eligible.

“Some of these people will have children or grandchildren here who will have no chance at Bermuda status,” Mr Sanderson said.

Asked how many PRC holders might qualify, Mr Sanderson said: “I’ve heard different people mention different figures. I’ve heard a figure of 750. The Bermuda Census of 2010 mentions about 1,300 permanent residents who are working. I think we’re looking at a few hundred people, at least — if not up to a thousand.”

He added: “When you’re giving permanent resident status to people, you have to accept that it’s opening the doors to citizenship. Nothing about the law has been changed. All that’s happened is that the Chief Justice has simply clarified what the law means.”

Home Affairs Minister Michael Fahy has “followed this case very intently”, the Ministry spokeswoman said, and will “review the decision carefully in order to consider whether to appeal the Chief Justice’s judgment”.

Mr Justice Kawaley’s ruling, issued on Friday, rests on a subset of the Act ­— Section 20B (2)(b).

The clause allows naturalised citizens to get status, but only if they have been “approved for the grant of Bermudian status”. Ms Carne and Mr Correia were turned down by the Minister because they had never been approved. Applications under Section 20B (2)(b) were so obscure that no paperwork existed for them. In his ruling, the Chief Justice said this lack of precedent undercut the Minister’s ability to turn the applicants down based on “what was essentially a procedural irregularity”.

When the case went before the Immigration Appeals Tribunal, the applicants were given approval for an appeal over what Mr Justice Kawaley characterised as “a substantively hollow bureaucratic case for refusing status” — although he allowed that the Minister’s key interpretation of the Act had been technically correct.

“There is, though, a fundamental distinction between what a statute means in a general or abstract sense, and how it may legally be applied to particular real life scenarios,” the Chief Justice added.

Government last night said the Supreme Court ruling meant that status should be granted if a PRC holder “submits a naturalisation application to become a British Overseas Territory Citizen (of Bermuda) to the Department of Immigration at the same time as a status application under Section 20B (2)(b)”.

Restrictions include certain criminal convictions and the ability to speak clear English. Candidates must have lived in Bermuda for five years at the sate of their application.

Added the spokeswoman: “In short, work permit holders will fall foul of the immigration restriction provisions, but PRC holders will not.”