Setting Bad Precedent or Unfair Administration of the Law? Same Sex decision ignites public debate

Garfield Ekon

Staff Writer

Former premier Michael Misick has levelled fraud assertions against his former employee, Richard Sankar who was successful in a court case challenging his Turks and Caicos (TCI) Islander status.

The case was decided in Sankar’s favour in 2021, and the former Premier is now saying the man, a Real Estate Broker, who once worked for his family real estate business, married a woman for Islander status, and never consummated it, then married a man to give him status. 

Sankar and his spouse, Timothy Haymon won a claim for his same-sex partner to work in the Islands, in line with permissions granted under the TCI Constitution. That landmark ruling was handed down by Justice Anthony Gruchot on March 12, 2024 upholding his partner’s right to work in the TCI, as typically provided for heterosexual spouses. 

Hour after news of the ruling broke, Misick took to his official social media page to blast the Real Estate Broker. The former Premier called on the Government to revoke Sankar’s Turks and Caicos Islander status, claiming that it was obtained by fraud.

“I further call on the Government, after revoking Richard Sankar status, to have him deported never to set foot in our country again. This is making a mockery of our system and country. Deem him to be persona non grata,” the former premier stated. 

In a response, Sankar through his attorney Tim Prudhoe, said the claims, stating that he married the local woman in 2008 and their divorce became final in 2020. 

He stated: “At no stage during that period up-to-any, including the Decree Absolute, was any evidence presented either by or on behalf of my then wife that the marriage was not valid or somehow otherwise void.”

Sankar further added that prior to his marriage, in the first half of 2005, he had applied for a Permanent Residence Certificate (PRC) based on the then requirement of five continuous years of work permits.

“That application was never decided.  Its existence at all was not even acknowledged on behalf of TCIG until 2021.”

Sankar also exposed in his statement, that during 2007, when Michael Misick was premier, he was “placed on the Stop List (a power of the Director of Immigration, then Desmond Wilson).  Thus, preventing my re-entry to the jurisdiction.  No reason has ever been given as to why Part VI (Sections 59-60) of the Immigration Ordinance was used to so designate me.”

Sankar admits that he married a Turks and Caicos woman in 2008, once he returned to the islands having been removed from the Stop List.

In May 2021, Sankar says he finally managed to secure his Turks and Caicos Islander status and had hoped to understand, “how an employment disagreement with a powerful family of Turks and Caicos Islanders could ever be used for the purposes of the Stop List.”

That matter remains in court and pending, according to Sankar.

While Michael Misick remains resolute that, “If this is allowed to stand as it is setting a terrible precedent that anyone can become married through fraud and then get a status and divorce a Turks and Caicos Islander and marry someone else and pass it on to them.”