Gov’t giving residency to former felon wasn’t a ‘cut and dry decision’
An unnamed person who had a criminal record was granted Residency status this year against the advice of the Immigration Board who had rejected the application.
Premier Andrew Fahie was called before the Commission of Inquiry (COI) today, October 21, to explain why Cabinet made that decision.
He replied stating that the matter was not simple and straightforward as it may seem. He further said Cabinet heavily considered the issue, especially because the person in question lived in the BVI all their life and knows nowhere else.
“The larger question which was a discussion [we had] is how do you eliminate persons for life that made a mistake when they were young?. When would they ever be [eligible again] … The law as far as we were looking is silent on that aspect of it,” the Premier explained.
He added: “It was not just a cut and dry case … When does the good character start? Do they have to be of ‘good character’ all their life without any blemish?”
News that the convicted felon was granted residency became public recently when the COI questioned Immigration Minister Vincent about the irregularity.
“So it appears to be that you have an application where someone has a criminal record. The [Immigration] Board says ‘we can’t recommend it because of Section 18(1a) and the need for a good character’. And Cabinet then decides not to accept that recommendation. In fact, [it] decides to grant a Certificate of Residence,” COI counsel, Bilal Rawat told the Minister when he appeared.
“What’s the basis on which Cabinet can make that decision?” Rawat asked.
According to Minister Wheatley, whose response was made through attorney Edward Risso-Gill on his behalf, even though members of Cabinet were aware of the individual circumstances of the offender, they considered it was nevertheless appropriate to grant a Certificate of Residence.
Governor was appalled at decision
Meanwhile, Governor John Rankin, who chaired the Cabinet meeting in question, said he was appalled by the decision when he appeared before the COI recently.
“The Board of Immigration had made a clear recommendation that a Certificate of Residency not be granted in this instance,” Governor Rankin said.
According to Rankin, one of the offences committed by the applicant was not a minor offence and he made it very clear in Cabinet that in light of this, the recommendation of the Board should be followed.
He told the COI that he thought it was a very poor decision as it was contrary to the criteria which would normally be applied and contrary to the recommendation of the Board.
The Governor conceded that the decision was left to Cabinet’s discretion and ultimately they had the final say.
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Any thing you want, any thing. ¢$$$$$$$$$$$$$$$$$$$$
Could have had the law changed and then, apply the changed law to the man’s circumstances. The man would have only to wait a couple more years. See though the treatment of this individual with a criminal record compared to an island person years in the territory and if good character?
Ah glad all the corruption being brought to light.
I am a BVIslander who believes in justice.
yes they could follow laws that are already in place for convictions,serious ones become spent after 20 yrs of good behaviour but seeing as he only lived here for just over 20 years unless he was a wild toddler then he should not of been given residence. Lets face it if he needs the governor to sign off on him becoming a belonger(does he?) thenhe has no chance and will NEVER obtain a UK passport either way
If they decide to let him keep residence status never grant him belonger status or naturalization status
@Moron Government. My brother was deported back to the BVI from Amerika after living there most of his life. Whats wrong with Amdrew fat a**?
You don’t say why your brother was deported. It doesn’t happen randomly. There had to have been a reason.
When a certain high powered local lawyers son is found guilty in the US of rape, Foy believes that this should be overlooked. What he didn’t say was how much he received for his assistance in this breech of the constitution. This was not humane as Wheatley told and it was not Foy’s inept response that you can’t keep persons out that have no other place. This is all about money. The US government said they would allow the criminal to serve his sentence in his local country but he doesn’t have one. We will soon see the young criminal driving around Roadtown. Only money talks in the BVI.
Criminals assisting their fellow criminals. How common in the BVI.
@Criminals
You hit the nail on the head. They have to keep members of their criminal enterprise intact.
Well well well. The double standard in policy decisions.
Wonder how much money was paid and to whom.
We better get these men out. We would better
Does not mean no criminal convictions. A youth of 18 years commits a traffic or minor offence and is fined $250. Is he to be prohibited from becoming a resident 20 years later if he has no other convictions in the meantime? At what point can a minor conviction be forgiven? 5, 10, or 15 years later? He will then be ‘of good character’. Obviously a serious criminal offence would be treated differently. It all depends ….
If it were murder what would your thoughts be?
It was indicated during the COI that one of the offenses was NOT a minor offense.
bottom line… it was a stupid decision. No surprise from this administration… This government is garbage!
It should have been a simple cut and dry case. He nor his father are BVIslanders by descent. He has no rights to be here and we have no obligation to keep him here. He didn’t commit a traffic offense or a white collar crime. Misdemeanors. He committed a violent act against someone’s child. That is a felony.
DA got deported for harboring a fugitive. The other DJ boy with the big nose got deported for some money vybe. Both lived the BVI their entire lives. DA was a millionaire businessman. But we sent him to a place he knew little about.
But a white man’s son we give a pass to but not our Caribbean people?
It should have been a simple cut and dry answer of NO!
The matter was straight forward the law says if you have a criminal record a Certificate of Residency shouldn’t be granted, you bypass the Board of Immigration and get it passed in the house what a bunch of useless people. The Residency should be revoked and the Premier charged for breaking the law.
“The person in question lived in the BVI all their life and knows nowhere else.” More BS as you know
if he knew nowhere else then tell us why was he living in the US?
Fahie must think we are all fools
the law is the law
@ More bs. It does not matter. No wonder this country is so twisted.
It was indicated during the COI that one of the offenses was NOT a minor offense.
Not defending the government but it should depend on how long the offense was and what has he done with his life since the offenses occurred. There are many examples of former criminals who turned their life around. Coincidentally the CEO of Jordan brand recently stated how he killed someone when he was a 16yr old teenager but has since reformed his life. He was ashamed of his past and never brought it up publicly until now. The guy is now 72. Does his past dictate what he is now as a person or is there a chance that one can change their ways. I think that a person’s character isn’t controlled by a single or a few past actions. Only time can dictate your character.
The guy is serving a 10 year sentence and is presently in a US prison. What u say now.
You are correct. People change, but it does not mean that one country has to bend laws to accommodate the person. There is nothing wrong with making the change in his life and living at home as a model citizen.
The criminal is still serving time. I don’t think that he should have been considered within 10 years of being released from prison. The decision that was made by government was poor and I am ashamed of knowing that our leaders would think to bend the law in such a situation but I guess that it’s about who you know and what your pay scale looks like.
What about the expats who have been waiting for residency for over 20 years ? Legal expats !!! Tax payers who contributed to the BVi, stayed and rebuild after the hurricanes and worked through the pandemic !!! This VIP administration is an expat hater and has killed the social cohension within the BVI ! The premier is a l**r , he promised exemption to expats being in the BVI for over 10 years and years after he took office, this is the worse I have seen expats being treated !!!
Stop sitting down waiting for what is not compulsory. If you reside in the BVI you do have residency. if you are tired waiting, there is no reason to wait for anything in your homeland. The BVI built you up too, that’s why you are fretting and don’t want to leave.
Waiting for what? Waiting for what is not yours or to which you do not have entitlement? Your mentality and outlook is typical of thieves. You have a country with everything in abundance,much more than the VI. Rather than an attitude of entitlement,allyo should be embarrassed and regretful that you dumped your country of God given abundance only because of lack of humanity civility to be in the VI giving grief and degrading their country.
Styler: whoever he is it need to be revoked DA did not know Guyana but he deported so this one needs to be deported as well I am BOTC what are we telling our children and generations to come rape is ok NO NO
There are more than one persons here. The one with a minor criminal conviction, who was only fined and lived here for many years, was granted residency. The other one, with a serious criminal conviction carrying a long prison sentence, was not granted belongership. Reasonable decisions.
As i rememeber 2weeks ago when asked wheatley stuttered and said he cannot recall.if belonger was granted. Foy was cornered by proof and spilled They Did infact grant this rapest Papers to bring his nastinest back home. Well the fowls came to roost. Fahe Resign! Weatly a liar and expat narcas
Mr Premier I have a Problem, been waiting on my Status for years..I have no problem waiting but if somoene from immigration can write to the people who are waiting patiently for years with no idea whats going on Just to inform them of the status of their application that will be so nice.
You have status already.
I am so sick of the lies! I wasn’t born here but I have lived here ALL MY LIFE. I went away for education but my parents and my home was always here in the BVI. I do not know any other place to call home. Since finishing school I returned home and have worked and paid my taxes and dues. I have also volunteered for multiple charitable organizations and events over my time here. I have never been in trouble with the law. In 2019 under this SAME GOVERNMENT I put in a request for a work permit exemption which was DENIED stating that the Minister did not deem my contributions to the territory enough and stating that the payment of my work permit fee annually was more of a benefit to the territory. Their repeated nonsense about considering and approving these people on the basis of COMPASSION is NONSENSE! It is all about who you know and who you have paid.
Cabinet cannot pardon anyone for a crime.Only the Governor can pardone under the Constitution,
Cabinet broke the law