A domestic violence victim who faces having her permanent residence revoked after the breakdown of her marriage has won an injunction allowing her to remain in Cayman and fight to stay here permanently.
Anneisha Thomas, 43, from Jamaica, separated from her Caymanian husband after she reported him to police and he was jailed for three months for various offences against her.
As a result of the separation, she lost her right to live and work in Cayman.
Last week, lawyers acting for Thomas brought emergency proceedings to the Grand Court to prevent her from being forced to leave the islands, while they prepare a human rights challenge on her behalf.
They plan to challenge a section of the Immigration Act which states anyone who has a Residency and Employment Rights Certificate as a result of marriage automatically forfeits those rights if the marriage breaks down, regardless of the circumstances.
That lack of flexibility is incompatible with various human rights guaranteed under the Cayman Constitution, lawyers for HSM Chambers argue.
The Bill of Rights petition has yet to be filed, but the substance of the argument was outlined by Thomas’ lawyers in a successful appeal for Legal Aid last month.
And they won an early victory in the case on Thursday, when Acting Justice Alistair Walters agreed to a temporary injunction so Thomas could remain in Cayman to fight her corner.
The judge quashed the decision of the Caymanian Status and Permanent Residency Board to revoke her Residency and Employment Rights Certificate, pending the outcome of the larger case.
‘Current law discourages reporting of domestic violence’
Alastair David, representing Thomas, argued that the decision of the board, and the law that it was based on, impacted Thomas’ right to a private life and her right to freedom from discrimination.
He added that the Act discouraged victims of domestic violence from leaving their abusive spouse due to fear of losing their immigration status.
In that context, it could be seen as breaching the Cayman Islands’ obligation to protect victims of domestic violence, he said.
According to a statement this week from HSM Chambers, Justice Walters accepted that there was a serious issue to be tried between the parties and the balance of convenience favoured quashing the decision of the board pending a full hearing on the matter.
A writ seeking a declaration of incompatibility and a permanent injunction allowing Thomas to stay in Cayman will be filed shortly, HSM said.
The court’s decision could impact other similar cases.
HSM said in its statement that it would make sense for the board to refrain from revoking any permanent residency certificate under the contested section of the Act, until the case had been decided
Related Videos
Why is the victims name released and not the husbands name whos been charged?
Just curious to know of any legal practices that prevent such matters from occuring.
To the public the article is written with highlighted vision on the woman and not her stranged husband. Shouldnt the priorty be the safety of the woman.
I am so happy she found a real layer to take up her care, Abussement need to stop, these poor ladies suffer years with these worthless man, because they use the paper to manipulate and abuse ladies
Cayman Islands law need to look into this, stop giving man arms to manipulate ladies.
God bless you Thomas. thank you for fitting back.