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THIRD
INTERIM REPORT
of the
SELECT COMMITTEE
of the whole House
THE IMMIGRATION LAW
(1997 REVISION)
THE LOCAL COMPANIES (CONTROL) LAW
(1995 REVISION)
THE TRADE AND BUSINESS LICENSING LAW
(1996 REVISION)
Fourth (Budget) Meeting of the 1999 Session of the
Legislative Assembly
Laid on the Table of the Honourable House on February
10th, 2000
1. REFERENCE
The Select Committee to review The Immigration Law, 1992 (1997 Revision),
The Local Companies (Control) Law (1995 Revision) and The Trade and
Business Licensing Law (1996 Revision) was established by this Honourable
House on the 21st day of April, 1997, with the passing of Government
Motion No. 1/97, moved by the Honourable First Official Member of the
Legislative Assembly, the Chief Secretary.
2. COMPOSITION AND CHAIRMAN OF COMMITTEE
The Motion called for the Committee to comprise the whole House
and, in accordance with the provisions of Standing Order 70(2), the
Honourable Speaker nominated the Honourable Second Official Member of
the Legislative Assembly, the Attorney-General, to be the Chairman.
3. GOVERNMENT MOTION NO. 1/97
The Motion which established the Committee setting out its terms of
reference, reads:
WHEREAS there is considerable inter-relationship between the
Immigration Law (1997 Revision), the Local Companies (Control) Law
(1995 Revision) and the Trade and Business Licensing Law (1996 Revision);
AND
WHEREAS there has been considerable passage of time since these
Laws were enacted or substantially amended;
AND WHEREAS a Select Committee, entitled 'Select Committee (of
Elected Members) Control of Local Businesses, made certain recommendations
in its final Report to this Honourable House;
BE IT NOW THEREFORE RESOLVED THAT the Immigration Law (1997 Revision),
the Local Companies (Control) Law (1995 Revision) and the Trade and
Business Licensing Law (1996 Revision) be referred to a Select Committee
of the whole House, without prejudice to the final Report of the Select
Committee (of Elected Members) Control of Local Businesses, for review
to formulate principles in accordance with which specific amendments
to these and other relevant laws may be drafted and brought to this
Honourable House by the Honourable First Official Member;
AND BE IT NOW THEREFORE RESOLVED THAT, in considering the matter,
the Select Committee seek input from the public.
4. MATTERS REFERRED TO COMMITTEE
During the Second Meeting of the 1999 Session of the Legislative
Assembly, this Honourable House referred to this Committee two Private
Members' Motions. These were:
(i) Private Member's Motion No. 5/99, as amended, which was passed
the 19th day of April and reads:
WHEREAS Members of this honourable House have received numerous
complaints about domestic problems;
AND WHEREAS the Immigration Board has previously made attempts
to deal with some domestic problems based upon character;
AND WHEREAS the Board has now been advised that such problems
are a matter for the jurisdiction of the honourable Courts;
AND WHEREAS in previous years this honourable House has set
down in law sanctions against marriages of convenience;
AND WHEREAS because of so many domestic problems there is a
serious social disruption in families;
BE IT NOW THEREFORE RESOLVED THAT this honourable House refers
the matter to the Select Committee on Immigration for consideration;
and
(ii) Private Member's Motion No. 12/99, as amended, which was passed
the 23rd day of April and reads:
WHEREAS many Caymanians before the advent of tourism and Banking
found it necessary to travel abroad to support themselves and their
families financially;
AND WHEREAS many of them traveled to Cuba to live and in search
of employment;
AND WHEREAS because of the economic and financial plight of
Cuba many of these Caymanians and their descendants are desirous
now of returning to Grand Cayman to live and work;
AND WHEREAS many of these Cuban nationals who now live and
reside in the Cayman Islands, are experiencing difficulty to travel
for business, medical or pleasure to other countries because they
hold a Cuban passport;
BE IT THEREFORE RESOLVED THAT this Honourable House refers
the matters to the Select Committee on Immigration.
5. ESTABLISHMENT OF SUB-COMMITTEE
On the 24th of March 1999, the Committee established a Sub-Committee
consisting of four Members:
Hon James M Ryan, MBE, JP, who was appointed Chairman;
Hon Anthony S Eden, OBE, JP, being a Government representative;
Mr D Kurt Tibbetts, JP, MLA, being a Backbench representative; and
Mr Orrett Connorr, the Chief Immigration Officer;
which terms of reference were to:
(a) review the oral and written representations received from the
public and any other relevant information;
(b) identify the immigration and citizenship issues facing the Cayman
Islands; and
(c) to obtain relevant statistics of the persons affected by the issues
identified.
The Sub-Committee met on the 27th of May, and 3rd, 4th, 8th and 10th
of June and presented its findings to the Committee on the 9th day of
July, 1999.
6. MEETINGS AND INTERIM REPORTS
The Committee has thus far held 16 meetings, on five days of which the
Committee met members of the public.
The Committee has Tabled in this Honourable House two interim Reports,
the first of which was laid on the 17th day of December, 1997 and the
second on the 19th day of November 1998.
7. STANDING ORDER 74(1) - THIRD INTERIM REPORT
In accordance with the provisions of Standing Order 74(1) the Committee
wishes to report that although it has not as yet concluded the work
referred to it, it wishes, at this time, to put forward various issues
for consideration by the public concerning immigration issues. These
are set out in paragraph 9 below.
8. BACKGROUND ON WRITTEN AND ORAL REPRESENTATIONS MADE IN REGARD
TO IMMIGRATION ISSUES
At the outset of the Committee's work, it published in August of 1998
a Discussion Paper for public input. The Paper referred to four main
immigration issues, namely: (i) long-term residents of the Cayman Islands
and their dependants (including children born in the Cayman Islands
to non-Caymanian parents); (ii) holders of Cayman Islands' Passports
and no Caymanian status; (iii) moratorium on Caymanian status; and (iv)
persons with close Caymanian Connections returning to live in the Cayman
Islands. The Paper served not as an exhaustive list of immigration topics
for discussion, nor a policy paper of the Committee, but a Paper to
stimulate healthy discussion among all individuals, groups, associations
and organizations regarding particular immigration issues in the Cayman
Islands.
Members of the public submitted written representations and also met
the Committee regarding the issues raised in the Paper, as well as other
issues. Between the period the 1st, 3rd, 4th, 5th and 8th February,
1999, the Committee heard in private and in confidence 73 oral submissions.
Of this number four associations were represented depicting the views
of a broad cross-section of the working sector within the Islands. One
Government Board also made oral representation. Thirty-nine (39) written
representations were submitted within the deadline.
9. ISSUES FOR CONSIDERATION BY THE PUBLIC
The Committee has thus far addressed five main immigration issues, which
are:
(a) Caymanian status
(b) Permanent Residence
(c) British Dependent Territories Citizenship
(d) Work Permits
(e) Procedure for Appeals
and puts forward, for consideration by the public, the following issues
for possible changes.
(a) Caymanian status:
That the Law should remain unchanged in regard to the provisions for
acquisition of Caymanian status by birth and descent (section 15(1)
and (2) refers), but that in regard to the acquisition or loss of status
by grant that the following criteria should be met:
(i) Acquisition of Caymanian status by grant:
- A person wishing to apply for the grant of status should have
resided within the Islands for a period of 25 years and shall have
at least five years' residence immediately preceding submission
of an application.
- The person should be an existing permanent resident.
- All evidence of qualification should be submitted to the Immigration
Department for processing and determination by that Department and
that such determination should be made on the basis of the application
and supporting documentation and not in a discretionary manner.
(ii) Loss of Caymanian status by grant:
That it is not necessary to make any changes to the current Law
in regard to the loss of Caymanian status by grant, but that the
loss of status upon reaching the age of 18 years should be examined,
That -
- the Governor-in-Council should have no part in the granting of
Caymanian status, the power under the current Law, which gives the
Governor-in-Council the power to make directions, should be repealed,
- there should legislative participation in the issuing of Directives.
(b) Permanent Residence:
That applications for Permanent Residence should be considered under
three categories:
(i) Retirees;
(ii) Existing residents with Caymanian connections; and
(iii) Existing residents without Caymanian connections.
In respect of:
(i) Retirees: That a person must be of independent means,
be required to have a minimum annual income and have investments of
not less than CI$250,000. This form of residence would not allow a
person the right to work.
(ii) Existing Residents with Caymanian connections: That such
persons must have the capacity to be self-supporting, should not require
a qualifying period of residence and have the right to work without
restrictions.
(iii) Existing Residents without Caymanian connections: That
a qualifying period of at least 15 years' residence should apply prior
to submission of an application by a person who must have the capacity
to be self-supporting and that such persons should have the right
to work without restrictions.
In relation to all categories, all applicants should have a clear
criminal record, all assets used in qualifying for residence should
be retained and that persons retain Permanent Residence if they become
destitute, provided that such destitution is not a result of their own
acts and they are not a charge on the country.
Loss of Permanent Residence:
That no changes are necessary to the present Law.
(c) British Dependent Territories Citizenship (BDTC):
- That an amendment to the British Nationality Act 1981 should be
sought to provide that BDTC shall not be granted to any person who
does not have Caymanian status, but shall be granted, upon application,
to any person who has status.
- That the Government of the Cayman Islands should discuss with other
overseas' territories their willingness to adopt the same position
on this issue, prior to a submission to the Government of the United
Kingdom.
(d) Work Permits:
- That, if changes are made as set out in paragraphs (a) to (c),
that thereafter work permits should be issued only for five years
in aggregate and such policy should apply across-the-board, irrespective
of nationality or category of occupation.
- That applications for non-controversial work permit renewals should
be dealt with administratively by the Immigration Department, but
by the Board in cases where controversy exists.
(e) Appeals Procedure:
That the present Law should be varied so as to provide that:
- Appeals in respect of decisions relating to Caymanian status and
Permanent Residence should be dealt with by a magistrate appointed
for that purpose by the Chief Justice and shall be based as a matter
of law.
- Appeals on decisions relating to work permits (both renewals and
grants) should be heard by a tribunal comprised of three persons with
the chairman being a person with legal qualifications and appointed
by the Governor, one member representing employers and one member
representing employees. Members of the Legislative Assembly should
not qualify to represent either employers or employees or be a chairman.
Generally, that the Immigration Law should contain minimum discretionary
powers so as to eliminate arbitrary decisions and to remove all elements
of discretion by the Immigration Board and that the Immigration Department,
except where there exist controversial cases, should administer all
renewals.
10. PUBLIC INPUT
The public are invited to give feedback on the issues contained in paragraph
9 either with their Elected Representatives or in writing to the Select
Committee through the Clerk of the Committee, PO 890, Grand Cayman,
within 30 days of the tabling of this Third Interim Report.
11. PRIVATE MEMBERS' MOTIONS NOS. 5/99 AND 12/99
Some of the concerns relating to those persons mentioned in Private
Members' Motions Nos. 5/99 and 12/99 will be the subject of separate
deliberations when the Committee resumes.
12. REPORT TO THE HOUSE
The Committee agrees that this Third Interim Report be the Report of
the Committee to this honourable House at this Fourth (Budget) Meeting
of the 1999 Session.
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