Aspects of Law Relating to Border Control Found to be Incompatible with Bill of Rights
On 8 October 2020, the Court of Appeal of the Cayman Islands, affirmed the earlier Judgment of Williams J in finding that Section 82 of the Immigration Law (2015 Revision) and Section 109 of the Customs and Border Control Law, 2018 are incompatible with the Cayman Islands Bill of Rights.
The Judgment in the case of Ellington v Chief Immigration Officer, in which Mr Alastair David of HSM Chambers represented Mr Ellington both before the Grand Court and Court of Appeal of the Cayman Islands made it clear that the previous Law in respects to Prohibited Immigrants and its current incarnation are incompatible with the Bill of Rights and in particular the right to the family and private life.
It is hoped that this decision will lead to a much needed change in the Law which will lead to clarity in how the relevant authorities deal with Prohibited Immigrants. The Court of Appeal noted with some concern that there are no directives or rules governing Prohibited Immigrants and it is hoped that this will also be addressed shortly. Furthermore, it is also hoped that at the same time thoughts can be given to amending other sections of the Immigration Law which may be incompatible with the Bill of Rights.