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Spouse law may breach Human Rights Act

Human Rights Commission chairwoman Venous Menari

Protesters who claim a new property law discriminates against Bermudians married to foreigners have welcomed a legal opinion that it may breach their human rights.

According to Human Rights Commission chairman Venous Memari, a lawyer has deemed that the Immigration and Protection Amendment Act "potentially contravenes the Human Rights Act on the grounds of marital status".

Her organisation had previously taken the view that the amendment did not contravene the human rights law.

The news has sparked Government to get its own lawyer to review the matter amid talk of potential legal action from protesters.

Under the new law, Bermudians married to foreigners are barred from owning more than one property if the spouse is to help pay for it or benefit from it in any way, such as by living in the property or receiving rental income.

It is designed to combat loopholes and fronting — the practice of foreigners obtaining property illegally by using Bermudians as a front.

The campaign group Land Opportunities for All Bermudians last night welcomed the legal opinion given to the the HRC, saying it appears to confirm its stance that the law is discriminatory.

Spokesman Ronnie Viera, who is married to a non-Bermudian, said: "The news has encouraged several people to submit complaints to the Human Rights Commission."

Asked if it was likely that Government might end up being taken to court over the issue, he replied: "I've not heard any specifics, but I have heard people talking about doing it."

Mixed-status couples who owned more than one property before June 22, 2007, will be issued licences for them as long as they apply before June 22, 2010.

However, from June 22 this year, Bermudians married to foreigners are restricted to one licence if, in a second purchase, the spouse contributes or will benefit from rent or occupation of that property.

The exception to the rule is hardship cases and those non-Bermudian spouses granted Bermudian status after ten years of marriage, for whom on approval the restriction no longer applies.

For the previous 30 years, Government policy had been to issue only one property licence to non-Bermudian husbands and wives.

Minister of Labour and Immigration Derrick Burgess has previously defended the law change as necessary to protect land resources on an Island where land and housing are in short supply, with 37 percent of residential land in Bermuda already owned by non-Bermudians under licence.

Both he and Minister of Community and Cultural Affairs Wayne Perinchief said last night that the Attorney General will review the legal opinion given to the HRC.