A Canadian construction worker whose work permit was revoked after a row with a Government MP has won his appeal fight.

Curtis Macleod is now free to return to Bermuda as his permit is valid for another seven months.

His victory comes after the Ministry of Immigration admitted it made an unlawful decision when pulling the permit.

This was because the Minister had taken into account incidents other than the one outlined to Mr. Macleod.

Yesterday the original orders were quashed by Puisne Judge Ian Kawaley.

Although Mr. Macleod's work permit has been reinstated, Mr. Justice Kawaley said the Ministry of Immigration had the right to reconsider the matter.

Mr. Justice Kawaley also praised Government lawyer Martin Johnson and the Minister of Immigration Derrick Burgess for conceding that the decision was wrong.

He said: "I should add in this case Mr. Johnson has to be commended for upholding the rule of law. Having received information that he (Mr. Macleod) had not been given full disclosure he took the course of advising the Minister to concede the present application.

"Concessions in cases of this nature have not been common and it is mistakenly often felt that making a concession could be seen as a sign of weakness but in my opinion this is a strength.

"It shows that the Government will follow the letter of the law."

Mr. Macleod, and his bosses at Global Construction, have waged a five month battle to keep him on the Island, he left in February after his appeal of the Minister's decision was rejected but can now return

The saga began on October 26, 2006 when Government backbencher and Bermuda Industrial Union representative George Scott showed up at the Church Street site Mr. Macleod ran. It is alleged that Mr. Scott was there on union business but Mr. Macleod has stated that he was not aware of that and did not know who Mr. Scott was.

Mr. Macleod alleges that he overheard racist comments being made during a discussion Mr. Scott was involved in with other workers and asked him to leave three times — Mr. Scott denied making any racist comments.

An argument between the two men ensued during which Mr. Macleod called the MP a "racist" and "ignorant" and allegedly called Mr. Scott's children uneducated, though Mr. Macleod denies bringing children into the argument.

The MP is alleged to have replied: "You are not from here and you don't know what it is like to be a black Bermudian. You do not know what it is like to be a black man. You are a black man with a white man's heart."

Mr. Scott denied making those comments but admitted saying: "You do not know who I am, but I will see you off this Island."

Soon after the verbal altercation a letter was sent to Global Construction informing them that Mr. Macleod was being investigated and referred to the incident with Mr. Scott.

In January when Mr. Macleod heard that his permit was being revoked he went public because he believed the decision was a result of a personal vendetta.

But Mr. Scott said the disrespect shown to him by Mr. Macleod justified the deportation. Later, he added that he had received numerous complaints about Mr. Macleod's behaviour for several months prior to his argument with the Canadian.

However, Mr. Macleod was never made aware of these complaints until after his permit was revoked and his appeal to the Cabinet Tribunal was rejected. His lawyer Richard Horseman made the submission for a judicial review on that basis, that his client had not received a fair hearing because he was not aware of the full allegations against him.

Mr. Horseman said he was happy with the outcome and that his client planned to return to Bermuda to finish his remaining time on the contract.

His employer Dennis Desilva, vice president of Global Construction, said he was delighted with the outcome and would be talking with Mr. Macleod this week. The Ministry did not respond to questions about the case and would not say if they planned to reconsider the matter. Mr. Macleod was not available for comment yesterday.

Macleod victory