Wednesday, Aug 21, 2019
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New law would allow appeal of deportation order

Anyone who is ordered to be deported by the minister of immigration, under the proposed new immigration laws, will have the right to appeal their deportation within seven days of being ordered to leave the country.

The draft Nationality, Immigration and Asylum Bill, 2018, would provide stipulations for the deportation and removal of people from The Bahamas.

“Upon receipt of the notice, a person ordered deported under section 74 shall be entitled within a period of seven days next following the date of such service, to appeal to the Immigration Appeals Tribunal,” the bill reads.

“A person who is entitled to appeal against the making of a deportation order…shall not be deported until the expiration of seven days from the date of service upon him of a copy of the order, and in the event of him appealing, until the appeal is determined.

“Subject to the determination of any appeal, where any person is ordered to be deported from The Bahamas under section 74, it shall be lawful for the minister to order that person detained at a detention center in the custody of immigration officers for such period as may be reasonably necessary for the purpose of making arrangements for his removal from The Bahamas.”

Clause 74 of that bill empowers the minister to order deportations of any individuals whose presence in The Bahamas he deems “undesirable and not conducive of the public good”.

It further defines the conduct and circumstances which would make someone’s presence undesirable or not conducive to the public good.

These include instances where that person has conducted themselves in a manner which is prejudicial to the peace order and good government of The Bahamas; has been convicted of an offense in any country, sentenced to imprisonment and did not receive a free pardon; is a person whose application for asylum has been refused and either there is no appeal pending, or his appeal has been dismissed; is a person unable to maintain or provide for himself in The Bahamas; is a person declared by the director of immigration to be a prohibited immigrant; or has conducted themselves against the interest of national security.

The clause also refers to a minor dependent of a person who is or has been ordered to be deported.

This clause “ceases to have effect if he ceases to be a dependent of the person deported, and has a right of abode or other legal status in The Bahamas, and is in the care or custody of another parent or legal guardian resident in The Bahamas.”

The clause further addresses people who enter, remain or attempt to enter and remain in The Bahamas after having been deported or otherwise lawfully removed from the country.

These people would be subject to a fine of $10,000, imprisonment for up to three years or both, and could again be deported from the country.

Sloan Smith

Staff Reporter at The Nassau Guardian
Sloan covers national news for The Nassau Guardian. Sloan officially joined the news team in September 2016 but interned at The Nassau Guardian while studying journalism at the University of The Bahamas.
Education: Vrije Universiteit Brussel (University of Brussels), MA in Mass Communications

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