So a 35 year old high school graduate does not know his legal name or date of birth? No red flags, here?

Also, article 19(1) (g) excludes Jean Rony, a non citizen without legal status, from the protections of article 19(1). The only issue here is he was not detained for the purpose of being taken to court. Therefore, (2) and (3) are valid. Article 25 also does not apply to illegals because it prevents expulsion from the Bahamas. If this ruling is followed it means all expelled illegals can legally return to the Bahamas and cannot be expelled. The solution here is to correct the law. Why is that so difficult? Turn the boats around when they are caught in Bahamian waters and use those resources to take each and every suspected illegal to court.

Ma Comrades, "King's Counsel" Freddy proved there is no rule preventing the most ordinary among us from successfully suing this Imperial red shirts state. Justice Gregory has so ordered that Jean Rony, deserves his rights be protected and compensated equally to that of a wealthy Bay Street prince of a man's.
Now, it's time open vault door public purse to pay Jean Rony his $l million King's Ransom.
Amen to Justice, delivered and seen for the ordinary man's!

We have a national issue here and you still talking political nonsense. THIS ONE IS GOING ALL THE WAY TO THE PC. . .BY THE TIME THIS REACH THE PC. . .THE POINT IN LAW WILL BE IF BIRTH IS LEGAL RIGHT OF CITIZENSHIP IN THE BAHAMAS!!

Ma Comrade, I seriously doubt its the job learned members Privy Council to be answering questions of whether our existing immigration law is a good law or not? Shouldn't the Imperial red state's law makers, first get their own immigration act in order and not waste time Privy Council?

We need to hear from the Haitian Goverment.
They are a Sovereign nation also eith Constitution, laws, rules amd regulations and have allowed persons to enter/reenter/exit or set foot on their sovereign soil.

This case will be appealed and over turned. . .this judge ruling was based on the assumption that Mr. Charles was "legal" and had some remaining status. . .this will be argued and knock down. . .this one is going to the PC!! All this will result in now is that until they change the law to correct these "activist" ruling by the judge. . .PLENTY POOR ILLEGALS WILL NOW BE GOING TO PRISON. . .WORK PERMITS WILL BE DENIED EN-MASSES. . .EMPLOYERS GIVING WORK TO THEM ARE IN THE GUN SIGHTS. . .RENTING TO THEM WILL RESULT IN MANY OF THEM LIVING IN THE STREETS! We should thank Mr. Smith once and for all. . .the question of citizenship by birth will be put to a legal test!!

Let jamaicaproud tel you something. Thsi ruling as based on the rule of law. The strength of the great constitution of Bahamaland.
As for the Privy Council, you all better leave that one alone and just let Jean it. If this goes to a higher court. The whole constitution of Bahamaland will be ripped apart. The privy council will rule all natural born are citizens as is the case in most countries. I am sure Bahamaland doesn't want that.

There you go with your usual drivel. Did you bother to read the Bahamas' constitution? Most countries do not have birthright citizenship. And whether or not it does, has no bearing on the citizenship matters for the Bahamas.

I totally agree.

Wassup 2cents. I am not giving my opinion either way. I am just saying rulings in final court of appeal usually become precedent. So its better to let this one case slide. If the PC gets involvED IT WILL MAKE majoRITY rule seem like a waste of time.

I see you don't know what you are talking about. . .you really need to go and read that document. . . NO UN ACCORDS CAN MOVE ANY CONSTITUTIONAL LAW FROM ANY NATION! That's an established fact in international law. . .that's why we have the citizenship question to deal with today. . .our constitution does not give female right to citizenship. . .contrary to international accord (CEDAW) of which we are signatory. . .but our constitution prohibits! The government under pressure by the UN. . .have to find a way around that constitutional prohibition!

How do you explain the death penalty not been carried out.

I don't get ya point. . .the Bahamas still has a lawful death penalty statue sanctioned by the PC. . . it is the government of Bahamas that will not kill anybody. . .PC said that according to our constitution we can only kill only in the worse of the worse cases. . .not for anything like were did where all killing resulted in charges likely end in death! Since the PC ruling we have yet to determine what we will call the worse of the worse killing.

Not to be rude but you are really confused about the privy council. The reason we have not had capital punishment carried out in the Bahamas is that the privy council has set the bar so high in its ruling that the murder must be the worst of the worst, no murder that has been ever committed in the Bahamas would qualify. This was the intended effect of course, so the court in an activist decision ensured that no one would ever be executed in the Bahamas again.

The privy council is so liberal that it will make this Bahamian judge’s ruling seem conservative. There is no way the privy council will overturn this decision. It is a pipe dream and the delusion of a fool.

How can this judge's ruling contradict Article 7 of our Constitution??????
This ruling cannot stand if appealed by the Government based on Article 7.
What "legal status" will Jean Rony be given if he is brought back here??????

If the Government does not appeal this case, we will then know what their policy on citizenship for "children born to illegals or single non-Bahamian mothers" is going ........ this is a dangerous precedent that requires an immediate Cabinet response ......... So far, no word.

The PM's position to the residents of the Mud this past weekend was...if you are "born here" at some point (not 18 if applied) you will be granted citizenship. I guess the constitution is meaningless...something Haitians have always known.

Ma learned Justice Gregory, never ruled to a right to automatic citizenship. I read as Comrade Jean Rony, had enough rights be and remain in the country without being swooped up while out buy single cigarette and without giving his opportunity at due judiciary process secretly deported from the Bahamaland. The fact that he landed up in Haiti or had it been Canada, has no bearing to what the Imperial red state did him. Had Jean Rony had his day to explain his birth circumstances to a Judge, he might have never been deported? Don't you bloggers not believe in the rule law, for ALL?

Thus is our argument. . .what right? The same constitution gives the government a right to discriminate for matters of national security!

Ma Comrade, no, this is not the arguments being put forward by you and other bloggers.... so much hate and insensitivity posted here about others just because they're different.
The swooping up Jean Rony, while out stroll buy a single cigarette only to be targeted by some immigration official for deportation is nothing new. For years the courts have been waning immigration officials that they must stop with bypassing the courts when it comes them being the sole judge and jury to deport,,, that they must cease unlawfully acting like state.
Comrade Jean Rony's illegal swoop off the streets will become known as the single cigarette that forever changed the way officials can treat individuals born among us.

What rights are those? He had no status (or application) up until he was deported. He had "his day". In fact he had 60 days after confirming a name and birth date, that was not his own. Which could not be verified by officials. Regardless, a birth certificate is no substitute for legal status which is what the justice enforced. And legal status will eventually facilitate citizenship.

If we believe that immigration has to follow the law and take persons to court. Why are we being hypocrites when others break the law and make their own rules as well?

Law 101. Everyone have the right to have their day in court and face their accuser. Immigration can be sued but the court can't even if they got it wrong. The courts are there to prevent immigration from deporting legal residents.

Where is a Bahamas Government statement/explanation for this momentum gathering situation?

I, for one, would like Dr. Minnis's clarification of": "Dr Minnis also stressed that anyone born in the area is entitled to citizenship. Such people, he said, should not fear seeking help from officials if they have been displaced by the fire. Under the law, a person born in the Bahamas to non-Bahamian parents is entitled to apply for Bahamian citizenship once he or she turns 18." in yesterday's Tribune edition. How does Dr, Minnis presume to know that everyone in a specific area is entitled to citizenship?

EXCERPT FROM BAHAMAS CONSTITUTUION:
"6. Every person born in The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of
The Bahamas.
7. (1) A person born in The Bahamas after 9th July 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on his attaining
the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas: Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered
as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration
of his intentions concerning residence as may be prescribed.
(2) Any application for registration under this Article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public
policy."

Is this not quite clear? Should Bahamians wish persons bon in the Bahamas of non-Bahamian citizens NOT to have the right to apply for citizenship within 12 months of attaining the age of 18, the Constitution will need amending.

So, if Haitian citizenship is automatically granted at birth to children of Haitian parents, is he not a Haitian citizen? Has he renounced that citizenship at any time? Is he still entitled to apply after 12 months? all questions that need to be answered.

One would have thought that if application for Bahamas citizenship was not made by the age of 19, the opportunity to apply for citizenship lapsed and his citizenship reverted to that of the country of his parents, namely Haiti. Would he have then become illegal? There is also the question of the lack of birth certificate. All questions do need answers and clarification, post haste.

He must register at the nearest embassy. If he didn't register there is nothing for him to renounce thus the narrative of statelessness.

BORN

This man seems not to have a birth certificate. He has a affidavit. There is difficulty
with his name. It seems he will be getting a lot of money, Bahamians are often detained
and they loose their freedom. Where is the justice for them?

They need to get good attorneys like Fred Smith to ensure their rights.

Say what you may about Fred Smith. You can't say he owes his allegiance to any political party. He makes quite a bit of moneys from the stupidity of public servants. His wins includes, beating up the Custom Department with regards to the Hawkes Bill Creek Agreement; police, prison as it relates to unlawful detention. The environment is a bonanza for him. His detractors claim that his concern is only Haitians but turn a blind eye to the fact that he is a champion for the environment.

I never seen so much Lawyers, QCs, Judges in my life but here in tribune242 comments...they think they know more than a SC judge and a QC yet they can't even spell their names correctly...only in the Bahamas.

So true!!!!

A questionable judgment is being questioned, just as it should be. Now if you really want to see a bunch of e-lawyers in one place, check out the Bahamas passport holding Haitians on Facebook.