Jamaican national Clide Coley is challenging government’s decision to deny his permanent residency application, arguing that the Caymanian Status and Permanent Residency Board did not fully factor his investment in a local business when making its decision.
According to the originating motion, Mr. Coley applied for permanent residency on March 17, 2014, and had his hearing on Sept. 13, 2017. His application was denied because he scored a 93.5 on the permanent residency point system, falling short of the 110 points required.
He appealed to the Immigration Appeals Tribunal on Oct. 3, 2017, but was again denied on Sept. 17, 2018, according to his originating motion, which is posted on the financial services site OffshoreAlert.
However, government did not give him enough points for having an investment in a local company, Mr. Coley argues in his challenge.
Mr. Coley, an electrician with more than 20 years of experience, stated that he has a 40-percent ownership stake in C&W Electrical & Renovations Ltd., which he claims is worth $114,344,000.
“The applicant was awarded only 13.5 points; we now seek 16.5 additional points of which he was rightfully entitled,” Mr. Coley’s challenge states, adding that the 13.5 points he received for his investment “cannot be considered fair, reasonable nor correct under the given circumstances.”
According to the Cayman Islands Immigration Department’s permanent residence points system, applicants can gain a maximum of 30 points for investments in a locally licensed company.
Mr. Coley further states that he was “not permitted” to attend the appeals hearing.
“If he had been permitted to do so, which is not only a statutory right but a fundamental right to be heard and thus given a fair hearing, he could have addressed the issue of the absence of the supporting documents,” the originating motion states. The motion does not explain what “supporting documents” were missing at his hearing.
Mr. Coley’s application asks the court to allow him to remain in Cayman until the substantive matter of his case is heard.
More than 200 applicants who were denied permanent residence since 2017 have filed challenges to those decisions, according to records obtained by a Cayman Compass Freedom of Information request earlier this year.