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New immigration appeals process is planned

A new immigration appeals board is being planned as the current route to Cabinet has been ruled unconstitutional.National Security Minister Wayne Perinchief has revealed plans for a new immigration appeals process that would ensure “justice is not only done, but also seen to be done.”To give the public more confidence in the system, Mr Perinchief has vowed to bring in a new board to make the process “independent and impartial.”Mr Perinchief hopes to set up a statutory body to have the final say on refusals to work permits and on revocations of Bermudian status under the Immigration Act.It is hoped that this board will “inspire confidence in the process” as appeals currently go straight to Government Ministers.The board of nine to 14 people will have experienced lawyers as its chairperson and deputy chairperson. Other members are expected to have “a law background or a knowledge of immigration issues.”The proposed change will go before the House of Assembly under the Bermuda Immigration and Protection Amendment Act 2011. The law was tabled in the House of Assembly on Friday.Mr Perinchief said: “Recent decisions of the Supreme Court have clearly indicated that in spite of its vintage and the fact that this kind of appeal has long formed part of our body of laws, greater independence of the tribunal is required.“In fact, our Constitution demands that such a Tribunal be independent of the Executive.“The Court has found that the Cabinet Appeal Tribunal, comprised as it is of Ministers of the Government, simply does not comply with that Constitutional requirement.“Members of the public must have confidence in our institutions and in our processes.”If the new law is passed, people will not be able to re-appeal against decisions already ruled on.Mr Perinchief added that the Government would continue to deliver on its promise to “modernise and improve the immigration regime.”This change to immigrations laws is part of a general overhaul of immigration law.Mr Perinchief said people asking for clarity about the status of children lawfully adopted from overseas demonstrated “how problematic our immigration laws have become.”He said the questions had left him and others within the Immigration Department “simply scratching our heads”Mr Perinchief added that he was grateful for his predecessor Colonel David Burch for completing the work and it was now his responsibility to oversee the Bill through the Legislature.