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House Statement by Immigration Minister and Member for Fox Hill, Hon. Fred Mitchell

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Communication
By Fred Mitchell MP
Minister for Immigration
House of Assembly
Nassau
9th February 2015

Mr. Speaker,

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.

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NATIONAL SECURITY COUNCIL STATEMENT REGARDING RECENT THREATS MADE AGAINST TURKS AND CAICOS ISLANDS AIRPORTS AND SCHOOLS

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May 6th, 2024 – As co-chairs of the National Security Council, Her Excellency the Governor and the Honourable Premier condemn strongly recent threats made against Turks and Caicos Islands airports and schools.

We have zero tolerance for these disruptions and the alarm that they cause. The Royal Turks and Caicos Islands Police Force (RTCIPF) continues to work closely with partner agencies and will keep the public updated as we manage the situation.

The National Security Council wishes to reassure residents, travellers and parents that the safety and security of our Islands is its highest priority.

All appropriate measures are being taken to address these threats and all required security protocols are being followed.

The Airports Authority and the Ministry of Education, with school principals are collaborating with the RTCIPF  investigations.

We encourage the public to be extra vigilant against phishing and malicious emails and report any suspicious activity to the authorities.

We appreciate the understanding of the public as we work to ensure the safety and well-being of our airports, schools and communities.

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Caribbean News

GRACE BAY BEACH RANKED AMONG TOP BEACHES IN THE WORLD’S 50 BEST BEACHES

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Press Release

 

PROVIDENCIALES, TURKS AND CAICOS ISLANDS (May 3rd, 2024) The Turks and Caicos Islands’ Grace Bay Beach has once again been recognised among the top beaches in the world.

The World’s 50 Best Beaches has listed Grace Bay Beach among the top beaches in the world.

Grace Bay Beach, located on the island of Providenciales was listed at number 17 on the annual list.

The World’s 50 Best Beaches list, sponsored by Banana Boat, is a collaboration with over 1,000 of the world’s leading travel influencers and professionals.

The World’s 50 Best Beaches 2024 is a reflection of the opinions and experiences of top travel influencers and professionals around the world. The beaches were ranked according to eight important criteria: unique characteristics, wildlife, untouched, soundtrack of nature, easy to enter the water, often calm water, not too crowded and frequency of idyllic conditions.

Grace Bay Beach also featured among the top 20 in the 2023 World’s 50 Best Beaches list.

This is the latest accolade for Grace Bay Beach this year. Known for its powdery white sand and breathtakingly turquoise blue water, the famous beach was adjudged the number one Caribbean beach in February in Tripadvisor’s® Travelers’ Choice® Awards and Best of the Best for 2024, ranking number five among the Top 25 Best of the Best Beaches in the world.

In January 2024, Grace Bay was recognised as the #9 Best Beach in the Caribbean in the 10Best Reader’s Choice with Bambarra Beach in Middle Caicos ranked at #2.

Minister of Tourism, the Honourable Josephine Connolly said she is proud of the continued recognition of the leading beach in the Turks and Caicos Islands.

“As a destination that prioritises sustainable development and environmental preservation, the fact that Grace Bay Beach features consistently as one of the top beaches in the world stands as a testament to our commitment to stay “Beautiful by Nature”.  I urge visitors to come to the Turks and Caicos Islands to experience this and many other of our beautiful beaches across the Turks and Caicos Islands,” said the Minister.

Tine Holst, Co-Founder of The World’s 50 Best Beaches, said the list is meant to inspire travellers.

She said: “Our 2024 list is a reflection of the countless days spent by our judges, Beach Ambassadors and World’s 50 Best team discovering beaches around the world. The list will help inspire travelers to leave the beaten path behind and enjoy the most stunning and relaxing beaches on earth”.

Read World’s 50 Best Beaches description of Grace Bay Beach here.

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Family of 16 yo Tourist claims negligence in jet ski death; TCI Coroner’s Court hearing evidence

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Dana Malcolm 

Staff Writer 

 

#TurksandCaicos, May 2, 2024 – The family of a 16-year-old who died in Grand Turk six years ago while on a Carnival Cruise into Grand Turk is a little closer to closure as the Turks and Caicos Islands Coroner’s Court has opened his case for an inquest.

“On Wednesday, May 16th, 2018, at 11:30 a.m. Police and Emergency Medical Officials responded to a two-jet-ski collision that left a 16-year-old male dead, near the Cruise Terminal in Grand Turk. Two people were involved in the collision. The second male did not receive any injuries. This incident is under Police investigation.”

That was the brief police report in the aftermath of Nicholas Twyman’s death.

In the comments dozens of residents and visitors claim to have been on the scene that day, as the boy was pulled ashore, some trying to assist while others looked on, horrified.

Coroner Mickia Mills called up the case on March 21, 2024 almost six years after the incident occurred. Mills is in charge of finding out what exactly happened that day in Grand Turk and whether there was any negligence or if it was simply a terrible accident.

That verdict will be for the coroner and her potential jurors to decide. However, the family has shared their version of what happened that day.

A lawsuit filed in Florida Courts in October 2019 (Twyman v. Carnival Corp) detailed the heartbreaking hours that led up to the death of Nicholas. In it, the plaintiffs, listed as Gyjuanna TWYMAN and Michael Twyman, claim that they docked in Grand Turk and were curious about using the jet skis; both parents and the son were told by the Carnival team aboard the ship that there was not a formal shore excursion in Grand Turk involving jet skis, but that jet skis would be available for rent by the hour.

The family from Indiana claims three jet skis were rented, one for Nicholas, another for his father, Michael, and another for a different passenger, while their mother remained ashore. Wet Money Enterprise is listed as the jet ski company.

The family says they were given little instruction on using the Jet Skis, especially their son who was a new rider.  The lawsuit maintains that Michael was not given any instructions other than being told where the kill switch was and not to ride too close to the cruise ship.

Sometime during his excursion, the young man crashed into the other jet ski. The family claims that neither Carnival Cruises nor representatives from the jet ski company responded. They say it was his father who spun around on his own jet ski, dived into the water for his son, and brought him to shore.

Once there, it was the young man’s mother, a registered nurse, who started emergency medical care.

When Turks and Caicos’s EMS did arrive after 15 minutes the family claims they were unsure how to use certain medical implements and had to be directed by the distressed mother.

The court documents list the cause of death for the young man as blunt force trauma and drowning, similar to what is listed in the TCI courts.

Coroner Mills, who took up her position in 2024, will oversee the proceedings which continued on Tuesday, April 23rd.

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