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Dentist prepares to fight over work permit

Government is facing legal action over a failure to decide on a work permit renewal application almost eight months after it was made.

The news signals the start of another round of English dentist David Thompson's fight to be allowed to work on the Island.

In October the Supreme Court ruled that the Dental Board had been biased against him in its handling of a professional exam that would have cleared the way for him to practise dentistry here.

And last month the Human Rights Commission ruled that his human rights had been violated as well.

Now, say his advocates, Government is stalling on an application to renew his work permit and there may be further legal action.

Dr. Thompson's lawyer, Megan Lewin, said repeated requests for a response to the work permit application had been met with a "big stony wall of silence".

"We hope to file for judicial review proceedings by the end of this week to force the Minister to make a decision because that's his job. It's unfair for anyone to make an application and not receive a response. This case right from the beginning has been completely outrageous."

In a letter to Immigration Minister Terry Lister last month, Ms Lewin said that as far as she was concerned, the Minister's failure to consider the matter was in breach of his statutory duty.

Dr. Thompson's Bermuda adventure began in February last year when he received a work permit to practice after being offered a job by local dentist David Dyer who then began making arrangements for him to sit the qualifying professional examination.

But the Dental Board later wrote to Dr. Dyer saying that only Bermudians or spouses of Bermudians could sit the qualifying examination -even though no such restriction existed in the Dental Practitioners Act. The Board then made attempts to have the work permit revoked.

The Board later allowed Dr. Thompson to sit the examination after Dr. Dyer complained to Health Minister Nelson Bascome.

Dr. Thompson was given a failing grade and, contrary to past practice, was not allowed to re-sit the exam.

In October, the Supreme Court quashed the Dental Board decision saying the examiners' evaluations of his performance was full of contradictions and that at least one of the examiners had been biased against Dr. Thompson.

Dr. Dyer told The Royal Gazette yesterday that requests to renew Dr. Thompson's work permit since December had been met with silence.

The work permit expired in March, four months after the Supreme Court decision.

"We were told that the Minister is dealing with it personally," said Dr. Dyer. "We sent a letter to the Minister asking for an answer and saying that failure to get an answer will result in us seeking judicial review. We have heard nothing from the Minister - not even that he received the letter."

Mr. Lister did not return calls by press time yesterday.

Dr. Thompson's lawyers also filed a complaint with the Human Rights Commission, saying the Board discriminated against him on account of his origin by refusing to allow him to re-sit the examination.

The Commission ruled in his favour and the Dental Board has until today to say whether they accept the ruling.

If the Board rejects the ruling the case will be referred to a Board of Inquiry. Ms Lewin said that Dr. Thompson has suffered financially and professionally as a result of the continuing saga.

Hiring of foreign dentists has been a subject of dispute which has divided Island dentists over the years.

Dr. Dyer said that he will continue his efforts to bring Dr. Thompson to the Island. "It won't roll over and die. Maybe some people are hoping it will but it won't."