By Fred Mitchell MP
Minister for Immigration
House of Assembly
9th February 2015
The press in The Bahamas have published two articles, one by Fred Smith Q C and the other by the Nassau Institute. Both statements published information which should not go unanswered lest the public accept the information therein as true and correct. They purport to describe the law and policies in The Bahamas as it relates to immigration. They go on to make assertions based on their statements of law which are incorrect.
The statements published by Fred Smith Q C on 3rd February in The Tribune and by the Nassau Institute in the Nassau Guardian on 6th February are replete with errors and untruths.
The Nassau Institute claims that the Immigration Department is implementing a revised policy to grant permits and charge fees for children born here to go to school.
That is false. No new fees are being introduced for immigration fees and there is no new policy as it relates to permission for non-nationals to go to school in The Bahamas. The fee remains the 100 dollars processing fee and 25 dollars for the issuance of the permit. The fee and the requirement for such a permit has not changed since the PLP took office in 2012.
The Institute also said: “The Department of Immigration recently raised work permit taxes for expatriate workers ( mainly professionals) to work in the private sector…”
That too is false. No news fees have been introduced for work permits since the PLP came to office in 2012.
The Nassau Institute also said: “ Work permits for foreigners to work for the government are issued without hesitation at the stroke of a pen…”
That too is false. There is no requirement in law for the employees of the government who are non-nationals to have a work permit.
The article also keeps speaking about people born in The Bahamas who they claim are left stateless. Stateless means that the children have no citizenship. With regard to the children of Haitians, the Haitian government has indicated that all children of Haitian citizens wherever born are Haitian at birth. So if that claim is being made with regard to those children, that too is false.
The Nassau Institute says that “ the inherent danger is when Immigration laws are subject to the whim of the minister, Fred Mitchell in this instance, instead of impartial law. The unintended consequences might be many as they are varied.”
Mr. Speaker, all laws are administered by some authority. They do not exist and apply themselves without human hands. The decisions of the Minster for Immigration are quasi- judicial and are not exercised according to whim but in accordance with known and established polices. The principle is that work permits are issued only in circumstances where Bahamians are not available for the jobs and the question of whether a Bahamian is or is not available for a job is certified and monitored by the Department of Labour. There is no whim of the Minister exercised in this matter.
Fred Smith Q C wrote the following:
“ [ The Minister] failed to identify any section of the Immigration or Education Act which makes the “ new Visa Rules” under the “ New Immigration Education Policy” lawful.
“The New Rules require children born in The Bahamas of foreign parents to get a student visa. In addition, the new November documentation policy is not sanctioned by any law either.”
With regard to children born to non-Bahamian parents, Mr. Smith wrote: “At 18, they are entitled to receive a Certificate of Registration as a citizen. Before then, they are “Citizens in Waiting”. They are not “stateless” as Fred Mitchell suggests…
Mr. Smith also says of the requirement for a permit to reside for children who are non-national: “The new immigration student visa policy conflicts with the Education Act… Minister Mitchell is acting ultra vires the Immigration Act, the Education Act and the Constitution.”
Mr. Speaker let me first repeat what I said at the Business Outlook Seminar on 29th January:
New rules are going to be introduced. For example, all schools will be asked to be sure that any foreign national in a Bahamian school has a student permit to be in The Bahamas as of the opening of the fall term. The annual permit costs 25 dollars with a 100 dollar processing fee and every non-national should have one, including those born here to non-national parents.
I said nothing about a student visa.
Secondly, I have never ever said or suggested that children born to non- Bahamian parents in The Bahamas are stateless. If Mr. Smith is referring to the children of Haitians born in The Bahamas, the government of Haiti has affirmed that the children of Haitians born anywhere are Haitian at birth so they are not stateless.
There is no such thing in law as a “citizen in waiting”. You are either a citizen or not.
The allegation that the new policies are ultra vires the constitution and the Immigration and Education Acts is false.
The Immigration Act requires all non- nationals in the country to have a landed status. While the constitution does provide a right to apply to be registered as a citizen at age 18 and before the19th birthday to non-nationals born here, it confers no immigration status on them. Because they are not citizens of The Bahamas, they must have an immigration status.
That means their parents should apply for them to get a permit to reside. Permits to reside cost 25 dollars with a processing fee of 100 dollars.
Thousands of children hold them in this country today. This is not a new requirement. That is the existing law and all non-nationals in the country are expected to comply with the law. Most are complying.
The Department has obtained an opinion from the Attorney General’s office on this matter. We have been advised that the policies of the Department are in compliance with the constitution and all applicable laws of The Bahamas.
Misick announces Longer terms in Office, Bi-Partisan Constitutional Changes
#TurksandCaicos, February 19, 2024 – Magnetic Media SOTS23 COVERAGE: Premier WASHINGTON MISICK announced that there is bi-partisan agreement on the CONSTITUTIONAL CHANGES which the people of the Turks and Caicos can expect including a FIVE YEAR term for the elected Government.
The House of Assembly will finally leave the HJ Robinson High Auditorium to return home at the NJS Francis building and when it does, it will be called a PARLIAMENT with only ELECTED MEMBERS; (as reported) ending the four year term and ending the APPOINTMENT OF MEMBERS for a truly democratic composition of the house of representatives.
The State of the State Address, a creation of the Progressive National Party Administration, was carried live from Yellow Man and Sons Auditorium in Grand Turk, tonight February 19 which is also the three-year anniversary of the Misick-led government.
#TCIPremier #WashingtonMisick #SOTS2023 #TurksandCaicosParliament #tcinews
How to protect against HIV
#TurksandCaicos, February 15, 2024 – HIV/AIDS has killed more than 40 million people globally since it first appeared in the human population in 1959 according to the World Health Organization WHO and even though there are effective treatments there is no cure making prevention practices a top priority for vulnerable groups.
In recent months claims have emerged of rising cases locally creating concern in some Turks and Caicos residents. The Ministry of Health has remained silent on the issue and has not published relevant statistics despite repeated queries from Magnetic Media.
Given the continued presence of the virus, individuals are still at risk from infection. In fact the WHO says in 2022, when 630,000 people died from HIV-related causes and 1.3 million people acquired HIV.
Human immunodeficiency virus (HIV) is the virus behind AIDS, the most advanced form of HIV.
The virus spreads through the body fluids of an infected person, including blood, breast milk, semen and vaginal fluids. It is not spread by kisses, hugs or sharing food.
With this in mind there are several steps that residents can take to protect themselves including
- Using condoms during sex
- Limiting sexual partners
- Being tested regularly
- avoiding sharing needles, syringes and other injecting equipment
- Using personal protective gear when dealing with bodily fluids
Vulnerable populations can be administered Pre Exposure Prophylaxis which work to prevent infection and Post Exposure Prophylaxis which can prevent the virus from taking hold.
An HIV diagnosis is not a death sentence. In 2024 HIV can be treated and prevented with antiretroviral therapy (ART). These drugs strengthen the immune system which HIV weakens significantly.
Still the WHO encourages residents to take preventative action.
CARPHA: Take Action to Avoid the Harmful Effects of Saharan Dust
February 16, 2024 – The Caribbean Public Health Agency (CARPHA) is urging persons to protect themselves against adverse health effects of a Saharan dust plume, which has covered many parts of the Caribbean.
The Caribbean Institute for Meteorology and Hydrology (CIMH) in a Dust Bulletin dated February 9th, 2024 stated, “it is highly likely that particulate matter levels will be above the 24-hour outdoor air quality guidelines” as established by the World Health Organization (WHO).
Dr Joy St John, Executive Director, CARPHA, explained “Saharan dust worsens air quality and increases the levels of particulate matter in the air. This can be hazardous, especially to small children, older adults and people with underlying lung conditions and chronic cardiopulmonary diseases”. Dr St John added, “Saharan dust can also worsen the health symptoms of those who suffer from asthma, allergies and chronic obstructive pulmonary disease (COPD)”.
In light of the poor air quality levels, CARPHA is encouraging persons to take steps to avoid the harmful effects of Saharan dust. These include:
- Stay indoors as much as possible and when outdoors, wear a dust mask (eg. KN95)
- Utilise a HEPA filter indoors to purify air in individual rooms
- Persons who use medications for pulmonary conditions should carry them at all times and use as prescribed
- At the first sign of difficulty while breathing, seek professional medical advice immediately
- For less severe symptoms, standard allergy medications such as antihistamines and steroid nasal sprays may alleviate symptoms
For more information, please see excerpts from the attached CIMH Dust Bulletin.
FIND US ON FACEBOOK
Caribbean News1 week ago
Two new Minneapolis flights connect to Turks & Caicos
Crime1 week ago
Relatives Scream and Cry, brought to their knees as GUNMEN roam free
Caribbean News23 hours ago
Deputy Premier Spot on, TCI TODAY Removed from EU Blacklist
Caribbean News1 week ago
Grenada 50th Anniversary of Independence
News1 week ago
LORENZO GERBEX CHARGED
News6 days ago
Million Dollar Royal Jewels robbery suspect on trial
Caribbean News1 week ago
TCI Police investigate Murder Plot theory in 7th Homicide; three arrested
Crime1 week ago
High Level Civil servant charged for Conspiracy to supply Guns