AG: Cabinet authorised release of proposed Immigration Bill

By RICARDO WELLS

Tribune Staff Reporter

rwells@tribunemedia.net

ATTORNEY General Carl Bethel has confirmed that Cabinet had authorised Law Reform Commissioner Dame Anita Allen to release the proposed Nationality, Immigration and Asylum Bill 2018 for consultation.

The statement effectively countermands “premature” claims levied at the process by Immigration Minister Brent Symonette, who earlier this week said public consultation on the bill was started without his official review and input.

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Brent Symonette

Mr Symonette, outside Cabinet on Tuesday, suggested the consultation process would be halted to give way to his department’s review and assessment.

He said immigration officials were awaiting a formal response from Dame Anita on changes they submitted.

Mr Symonette said once that process was completed, a true public consultation process would get underway.

However, in response Thursday, Mr Bethel in a statement said Dame Anita did have the go-ahead from Cabinet to begin the necessary consultation for the bill.

“For the avoidance of any doubt, the public is advised that the Cabinet of The Bahamas did, in fact, authorise Dame Anita Allen to launch and to conduct public consultations on the draft Nationality, Immigration and Asylum Bill,” the short statement said.

The release followed comments by Dame Anita herself, who on Wednesday told The Nassau Guardian she was authorised by Cabinet to proceed with consultation.

The Nationality, Immigration and Asylum Bill 2018 - which features expanded grounds for the refusal of citizenship under the constitution, and registration and naturalisation under the law to include terrorism, human and drug trafficking, as well as gang-related activities — has drawn commentary from both the political and civic arenas.

These issues are derived primarily from articles 7 and 9 of the constitution; but aren’t addressed therein or by later amendments.

The bill will grant individuals in both these categories — born outside of the Bahamas to a Bahamian mother and born inside the Bahamas to two non-Bahamian parents — the “right of abode” or the right to live in the Bahamas while a minor, up to the age of 18.

In the case of those children born to two non-Bahamian parents, they will be given an opportunity to apply for a resident Belonger’s permit if they are in the custody and care of a parent or guardian who has the right to live in the Bahamas.

Additionally, this classification of person will now have a right to legally live and work in the Bahamas up to the time they apply to be registered as a Bahamian citizen and while that application is being processed and/or appealed.

The new bill will also establish that these people lose their constitutional right to be registered as Bahamians after their 21st birthday.

Those whose time to apply to be registered has already expired, would be given six months from the date on the bill’s passage to apply for some form of status — naturalisation, permanent residency, etcetera — or face jail time or deportation.