False representations made on application forms
A Colombian national had the assistance of a Spanish language interpreter on Thursday when he was sentenced to 30 days imprisonment after pleading guilty to two immigration offenses.
Alvaro Gabriel Hawkins, 35, was charged with causing a false representation to be made on Jan. 5, 2015, to the Immigration Department on a temporary work permit application in regards to a previous conviction and deportation from the United States.
The second charge was causing the same false representation to be made on a visitor’s visa application on Oct. 29, 2014.
Crown Counsel Nicole Petit told Magistrate Grace Donalds that Hawkins was arrested after immigration officials received information.
The defendant had been arrested in 2004 on a vessel with cocaine aboard. He was convicted in the U.S. and sentenced to 135 months imprisonment. After completing his sentence, he was deported to Colombia in Dec. 2013.
On both the visa and work permit applications, the question is asked whether the applicant has any convictions in Cayman or any other country. Hawkins answered no.
The forms also ask if the applicant has ever been deported from Cayman or any other country. Hawkins again answered no.
According to the Immigration Law, a person who is not a Caymanian or permanent resident is regarded as a prohibited immigrant if he has been convicted of an offense for which the sentence is more than 12 months and he has not received a full pardon.
Defense attorney Amelia Fosuhene, speaking as amicus curiae (friend of the court), explained that somebody else had filled out the forms for Hawkins and he had simply signed them.
She urged the court to say that Hawkins should have a plane ticket back to Colombia instead of a lengthy stay in Northward Prison at the expense of the Cayman Islands government.
The magistrate imposed the term of 30 days and gave him credit for time in custody.