By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

A prominent Jamaican businessman yesterday called on the government to “stick to the constitution”, saying previous attempts at immigration policy reform have been devastating to migrant communities and their children.

Rohan Kerr, proprietor of the well-known restaurant Pepper ‘N Spice, spoke to The Tribune as the draft Nationality, Immigration and Asylum Bill, 2018 makes its rounds for public consultation.

“To me every time they come and put a policy in, it doesn’t work,” Mr Kerr said. “What they need to do is stick to the constitution, that’s all it is, don’t beat around it because even if you put a policy in place the constitution still overrides that.

“One person can make a policy but the constitution is what the Bahamians have put in place. Go with the constitution and you wouldn’t have all these problems.

“When you tell people that whoever born here (to foreign parents) must apply for their status between 18 and 19 - well I did that. I did that for my son and it’s been three years now. So what are you telling me? So after his Belonger’s permit expires this year, what happens to him?

“What is he going to get, wait another umpteen years again?”

Mr Kerr added: “My son went through the system, had travel documents since he was born and then they bring this (Belonger permit) policy and change all of this. It affected a lot of children born here.”

Mr Kerr was referring to the Belonger permit policy —first announced in late 2014 and introduced in 2015 —which required migrant children to register for citizenship of their parents and then apply for a permit to reside in the country.

In her presentation on the draft new bill, Dame Anita Allen— who chairs the Law Reform and Revision Commission that prepared the Bill — called the 2015 policy “ineffectual”.

Mr Kerr said his children got their Jamaican passports, as prescribed, but after he applied and paid for Belonger permits - he was later told that one of his sons was not eligible because he was 17.

This was later overturned by a more senior officer, who confirmed there was no age limit on obtaining the permit.

Due to the lack of clarity over the Belonger’s permit, Mr Kerr said he was advised by another officer to apply early for his son’s citizenship.

However, he said when he checked on the application status a year later, he was told the file could not be found. Some two years later, it is reportedly still missing.

“I was told to get all the documents all over again, and I said ‘Miss that’s money’. Everything you asking me for that’s money.

“Another thing is,” Mr Kerr said, “when I put that application (for the permit) in I said how soon I can get it back, because at the time my son was being considered by schools away and they wanted all these things and we couldn’t provide it.

“So I was asking to see how fast I could speed up this Belonger’s permit. The lady say she’d charge me a fee, so I said how much? She said $500...that’s their side money. I didn’t pay them that $500 because the permit only cost $75 so why would I pay you to do your job?”

The restauranteur said he was not comforted by the new law’s promise to bring greater certainty and fairness to the immigration process, and pointed to a lack of harmony between government policy and the day-to-day operations of the Immigration Department.

There, he said, officers were either not trained or simply uninformed about the relevant policies, and operated according to their own agenda which could vary drastically by section or temperament.

He expressed frustration that there was seemingly no distinction made between law-abiding migrants and those entering the country illegally, and pointed to rampant discriminatory treatment and outcomes based on nationality.

Mr Kerr, who leads the Jamaican Diaspora Association Bahamas (JDAB), has lived in the country for 30 years and has held permanent residency since 2000.

He stressed the experiences shared by himself and others were not representative of the entire department, but noted that the unfairness of the system has turned away scores of Jamaicans who attempted to settle lawfully in the country.

“They are complaining that so many permits are approved but nobody is coming for them, nobody is here no more,” Mr Kerr said.

“Do you know how many permanent residencies are up there approved but the persons aren’t in the country anymore? They just got frustrated and left because the process shouldn’t take that long.”

Mr Kerr said it was regrettable the country did not embrace other cultures, which he feels will only enrich the country. He noted most of the top performing children in public schools were from migrant families, adding it was only when these children strike success as adults living abroad that the Bahamas stakes a claim. He said many children were depressed by the current system, which denies them even the most basic opportunities.

“If it’s frustrating to those people now who haven’t applied yet, and even if they apply, how long are they going to have to wait?

Mr Kerr added: “And who will they talk to, because no one is listening. Nobody is listening, they tell these stories on the news and in the papers but when you actually go in person - it is not what it is.”