JUNE 16TH, 2018 – JUNE 23TH, 2018
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VOLUME 14 - NO. 24
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FOUR-YEAR WORK PERMIT APPLICATION SENT BACK TO IMMIGRATION BOARD by Hayden Boyce Publisher & Editor-in-Chief
TCHTA’s Development Center now opened
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recent decision by the Turks and Caicos Islands Work Permit Board and Immigration Appeal Tribunal to refuse applications for four-year work permits has been described by Chief Justice Margaret Ramsay-Hale as a “blanket policy” that was “unlawful”. The Chief Justice therefore revoked the Immigration Appeal Tribunal’s decision, sent it back to them for reconsideration and instructed the Tribunal to direct the Work Permit Board to consider the application in accordance with the Immigration Ordinance and the Immigration Regulations. The Turks and Caicos Islands Immigration Ordinance provides that in respect of skilled workers, the Work Permit Board has a discretion to issue work permits for such period not exceeding five years as the Board may determine. Anthony Gruchot, a UK attorney and Irish Solicitor Ms. Claire Elizabeth McAvinchey, both employees of the law firm Graham Thompson & Co., each applied to renew their work permits for four years, but the Work Permit Board refused the applications, granting each applicant a renewal for one year only. No reason was given by the Work Permit Board for its decision. The two applicants subsequently appealed to the Immigration Appeal Tribunal which upheld the decision of the Board on the ground that “work permits are currently being issued for no more than one year at a time.” Gruchot, McAvinchey and the law firm applied to the Supreme Court for judicial review of the decision of the Immigration Appeals Tribunal which was made at a meeting January 24th, 2018. In her decision, Chief Justice Ramsay-Hale said: “The policy, being a blanket policy, was unlawful as it allowed no exceptions. It was unpublished which meant that representations could not be made by the Applicants. The Board improperly fettered
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he Turks & Caicos Hotel and Tourism Association (TCHTA), in its commitment to training and development in the Turks & Caicos Islands, celebrated the opening of their brand new Development Center in Providenciales. With joy and excitement, a ribbon cutting ceremony was held on Friday June
its discretion when considering the Applicants’ applications for renewal of their work permits by adopting the policy of issuing permits for one year only. The error was compounded when the Tribunal failed to consider the merits of the Applicants’ appeal but instead determined the appeal
15th at the Development Center in Salt Mills Plaza, Grace Bay, Providenciales. Powered by Peak Professional, the Turks and Caicos Development Center’s goal is to inspire, motive persons to achieve great heights in the Hotel and Tourism Industry. Pictured inside of the development center from left to right is Nikheel Advani, on the basis of the policy.” The Chief Justice noted that in an affidavit sworn on behalf of the Attorney General, Work Permit Board and the Immigration Appeal Tribunal Ms. Susan Malcolm, Permanent Secretary in the Ministry
Chief Operating Officer and Principal of Grace Bay Resorts, His Excellency Governor John Freeman, Tourism Ministry Permanent Secretary – Cheryl Ann Jones, Stacy Cox, Chief Executive Officer of the TCHTA, Ministry of Education, Permanent Secretary Mr. Wesley Clerveaux and other members of TCHTA. of Border Control, sought to explain the genesis of this blanket policy of issuing work permits for no more than a year at a time, which had been applied by the Board and the Tribunal. Continued on page 2
Hurricane Preparedness Trim the trees and shrubbery near your building and remove any weakened sections of trees that could break and cause damage. Further information and hurricane safety tips are available on our website: www.fortistci.com/hurricane-preparedness-tips
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