Chief Immigration Officer Franz Manderson acted well within his jurisdiction when he decided to refuse temporary work permits for the band Bounty Killer, Mr. Justice Alex Henderson ruled on Monday.
The ruling was in response to an application brought by concert promoter Andrea Thompson. She had asked the court for a judicial review of Mr. Manderson’s decision (Caymanian Compass, 27 January).
The judge said Mr. Manderson’s decision was well within the realm of reasonableness. Further, his letter to Ms Thompson notifying her of the decision did not fall below the level required of decision makers in giving their reasons.
The Chief Immigration Officer had cited the nature of the group’s song lyrics and stage act along with the band leader’s previous conviction for profanity.
Mr. Justice Henderson said he viewed that as an adequate set of reasons. He also indicated that Mr. Manderson was concerned, not with public morals, but with public order.
One of the troubling aspects of the case, the judge indicated, was the argument that Mr. Manderson had taken irrelevant matters into account when he involved the Cayman Music and Entertainment Association.
The judge said he was persuaded that the CMEA’s opinion was not something the Chief Immigration Officer should give a great deal of weight, but there was no evidence that he did. The CMEA had provided factual information and, significantly, Mr. Manderson had followed up with his own investigation before deciding, the judge pointed out.
In his affidavit to the court, Mr. Manderson stated that CMEA was better placed to investigate a group’s background and know about their lyrics and performances. He pointed out that the granting or refusing of temporary permits is solely at his discretion. The CMEA was purely advisory and its recommendations could be ignored.
Ms Thompson’s affidavit said she had continued preparations for the concert after Mr. Manderson indicated he saw no reason why he would not grant the necessary permits unless something new came up.
What came up, the judge pointed out, was confirmation of the band leader’s conviction for profanity.
Mr. Manderson had been told that the charge had been thrown out in Trinidad and the band leader himself had signed a permit application indicating he had no criminal convictions. In fact, after he instructed one of his officers to investigate, he learned that the group leader had been fined $400.
The applications for temporary work permits were subsequently refused.
Mr. Justice Henderson noted that the Chief Immigration Officer is required by the Immigration Law to consider specific criteria for temporary workers. He pointed out that there are no separate guidelines for entertainers.
The Chief Immigration Officer is required to consider the character and reputation of the worker; the social and economic benefit he may bring to the islands; the protection of local interests and the requirements of the community as a whole.
The law further states that an application may be refused on any of seven grounds, including that the applicant has been convicted of an offence. The judge noted that the word was ‘offence’ was singular.
Mr. Justice Henderson declined to award costs to the Crown. He said Ms Thompson had placed before the court a matter of public interest and government had derived some benefit from having the matter aired in court.
Ms Thompson was represented by Attorney Stephen Hall-Jones.
The Chief Immigration Officer was represented by Crown Counsel Reshma Sharma, assisted by Crown Counsel Wayde Bardswell.
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