A controversial decision five years ago to order an AME minister and his family to leave the Island after his work permit was revoked was unlawful, a judge ruled yesterday.

Puisne Judge Ian Kawaley found following a Supreme Court judicial review that the Reverend Christopher Haynes was treated unfairly by Home Affairs Minister Terry Lister in June 2002.

Mr. Justice Kawaley said in his written judgement that the decision to order Mr. Haynes and his wife to "settle their affairs and leave Bermuda" after almost 20 years on the Island was unlawful due to "procedural impropriety" and was liable to be quashed.

Mr. Haynes, who is originally from Guyana and is now a bishop for a different church, still lives in Bermuda but could not be reached for comment last night.

His lawyer Kelvin Hastings-Smith said: "He's relieved and very pleased that there is a decision with regard to this long outstanding matter and that he can move forward with his life."

He had been in Bermuda for almost 20 years, was working at Mount Zion AME Church in Southampton and "was on the brink of becoming entitled" to seek the right to become a permanent resident when his application for a work permit renewal was turned down.

That refusal was unsuccessfully appealed and Mr. Justice Kawaley dismissed his application to quash the decision yesterday.

But the judge found that Mr. Haynes was treated unfairly by not being given the opportunity to appeal the order to leave the Island or counter complaints made about him by a small number of parishioners from Mount Zion.

Mr. Hastings-Smith said that Mr. Haynes was just 11 months away from qualifying for permanent residency when he was told he could not stay.

"It just seemed coincidental to everybody why this was happening now," he said, adding that his client was never informed about why he was being kicked off the island.

"He wasn't told of all the complaints made against him. He was completely in the dark as to what was going on and that's what the judge has said.

"The Ministry should have communicated with Mr. Haynes. It didn't; that's a breach of natural justice."

Mr. Haynes, whose three daughters were brought up in Bermuda, parted ways with the AME Church in 2002 but has been doing work overseas for a different church since he was granted a "stay" on the order to leave five years ago.

He is now likely to apply for permanent residency here, with the judge's decision to support his case.

The Department of Immigration could not be contacted for comment last night.