The four Guantánamo Bay Uighurs are unlikely to ever gain Bermudian status even if the UK lets them stay here, according to Attorney General Kim Wilson.

Senator Wilson told The Royal Gazette she believes the men were lawfully brought to the Island and have every legal right to "remain and reside" here indefinitely — but that nothing currently exists in law to allow them to apply for or be given Bermudian status or any kind of permanent residency or naturalisation.

The Justice Minister — who was not asked for her legal opinion before Premier Ewart Brown and Immigration Minister David Burch brought the former prisoners here on June 11 — said: "They don't fit the criteria. As the law is now, they will never be able to be naturalised."

Her comments raise questions about how the Uighurs will be able to settle long-term and work on the Island if the UK, which was also not consulted by Dr. Brown, decides they can stay.

Dr. Brown said on June 11, after announcing their arrival on a private plane from Cuba, that the Bermuda Government had agreed to "grant asylum to [the] four refugees", who fled their homeland of China due to alleged religious persecution before spending seven years at Guantánamo.

"These men are landed in Bermuda in the short term, provided with the opportunity to become naturalised citizens and thereafter afforded the right to travel and leave Bermuda, potentially settling elsewhere," said the Premier.

But Sen. Wilson explained that Bermuda has no laws governing asylum — and that strict criteria determines who can be given Bermudian status or a certificate of naturalisation by the Governor.

The Attorney General said Sen. Burch relied on section 25 of the Bermuda Immigration and Protection Act 1956 to bring the Uighurs here.

She said Government's interpretation of the law was that it contained a proviso giving the Immigration Minister "absolute discretion" to land anyone on the Island and that having done so they could remain or reside here indefinitely with his permission.

Others disagree. Former Attorney General Phil Perinchief said: "There is no current provision in the Bermuda Immigration and Protection Act to accommodate the presence of the Uighurs, who have been brought to Bermuda by the Premier illegally and unconstitutionally."

Another prominent lawyer, who asked not to be named, told this newspaper: "There is no discretion."

Whichever interpretation is right, the men's presence here poses a legal conundrum which experts say could prove extremely difficult to solve.

Mr. Perinchief said: "The continued presence of the Uighurs in Bermuda would have to be at the behest and largesse of the UK Government who may consider the matter under refugee or asylum status, utilising UK legislation and clemency provisions.

"The Uighurs would have to be considered as present in the UK and not Bermuda."

Sen. Wilson said that even though Government believes the men have the right to be here for as long as the Minister allows it, they don't yet have the right to work and can't travel elsewhere, as they don't possess passports.

She said Government was waiting for Britain — which is in talks with the US about the men's future — to make the next move.

"What kind of status are they going to effectively permit for these people?" she asked. "The current legislation does not allow them to be naturalised. Clearly the next step is with the UK."

The Minister said there had been no discussions at Cabinet level about amending the Immigration and Protection Act to allow for political asylum seekers to gain status or naturalisation here.

"I think that's something that a lot of mature democracies obviously have to consider," she said. "But there are so many other ramifications that have to be considered because of our size."

Sen. Wilson revealed that the men — whose stay here is being funded by the States — have been given identification cards by the authorities.

She speculated that if the UK agreed to give them British citizenship, they could apply for work permits under the same terms that apply to any Brit wanting to live and work here.

"The next step is a lot to do with the UK. They can make them British subjects. If Britain says: 'We are going to make you British subjects', then they are no different to someone working at XL [for example]. They would operate as anyone else on a work permit. It would also enable them to travel."

The Uighurs' lawyer in Bermuda, Richard Horseman, said last month he hoped the UK would "arrive at the decision that they can be granted Bermudian status or refugee status".

UK Foreign Secretary David Miliband has said Britain has no intention of taking any more than the 13 Guantánamo detainees it has already accepted.

Governor Sir Richard Gozney told this newspaper that every case of naturalisation must be approved by Government House. "An applicant has to fulfil a series of conditions," he explained, adding that the rules were "complex and particular".

"Among other conditions, applicants cannot apply to start the process until they have been here for years."

Sir Richard said he could give no news on how discussions about the Uighurs between Britain and the US were progressing.

He said Bermuda Police Service's security review of the men was still not complete because the US had not provided requested information. "We are pursuing that request as energetically as we can," he added.

Shadow Attorney General Trevor Moniz said he could not predict how the Uighurs situation would "play out".

"With the agreement of the various parties, I suppose any number of scenarios are possible," said the Opposition MP.

"The Premier did something which his own Government has said was wrong; which the British Government has said was wrong. It has to be sorted out somehow. We'd like the Premier to sort it out, but he doesn't appear to be doing so."