status, the Supreme Court heard yesterday.

Dr. Barry Whalley believed he kept his Bermudian status despite serving the World Health Organisation abroad for nearly 17 years, after being encouraged to do the job by the Bermuda Government.

But Government decided Dr. Whalley, having spent seven years as an "ordinary resident'' of other countries, had lost his status.

The story was revealed when Dr. Whalley took out a civil action against the Minister of Labour and Home Affairs.

He is represented by Mr. Narinder Hargun while Government is represented by Solicitor General Mr. Barrie Meade.

Dr. Whalley was born in Buenos Aires, Argentina, in 1933, but was a British citizen because of his parents' nationality. He was granted Bermudian status in December, 1970. His wife Joyce and son Andrew both have status.

Becoming Chief Medical Officer in June, 1976, he was encouraged by Government to get involved in the Pan American Health Organisation (PAHO), a United Nations agency offshoot of the World Health Organisation.

Mr. Hargun said his client was asked to serve in Trinidad until 1980, having resigned as Chief Medical Officer in 1978.

He was posted to Venezuela in 1980 and stayed there until May, 1983. He then returned home to Bermuda when, he claims, he was assured of his Bermudian status. However, he returned to Venezuela in August of that year staying there until 1990.

Later that year he received a new posting in Barbados where he served until returning to Bermuda earlier this year, intending to retire.

Mr. Hargun said: "At all times he has continued to maintain a home in Bermuda. His wife and son have lived here except when they accompanied him to Trinidad between 1976-78.

"On June 14 he was informed by a letter from the Chief Immigration Officer that he had ceased to hold Bermudian status because of his permanent residence outside of Bermuda for seven years.'' In an affidavit Dr. Whalley said: "Despite my temporary residence in Barbados, Trinidad and Venezuela, my wife has always lived here and I treat Bermuda as my home.'' His wife and son tried to live with him in Trinidad but because of the peripatetic nature of his job they decided to move back to Bermuda. He said he returned home at least two or three times a year.

While he has been abroad Dr. Whalley contended that he continued to pay bills, kept up credit cards and club membership for his family.

Mr. Hargun told Chief Justice the Hon. Sir James Astwood that those facts were not disputed by the Ministry and, he said: "It is simply a question of law for you to decide, my Lord.'' In the affidavit Dr. Whalley said that he had been improving the health of the people of the world.

He said: "I was specifically encouraged by the Bermuda Government to work with PAHO. I believed my status was that of a diplomat and not as a simple ex-patriate seeking employment abroad.'' Dr. Whalley pointed out that the governments of the three countries he visited recognised him as a Bermudian.

He described the process deciding status as "unfair.'' The case is expected to finish tomorrow with the Chief Justice making a decision later.