Cayman’s chief justice has sent a stern reminder to residents and the wider legal fraternity that appeal applications which fall outside the scheduled timeline will only be granted in exceptional circumstances.
In her written judgment which was handed down on 2 Jan., Margaret Ramsay-Hale stated that applications for leave to appeal court decisions, rulings, or orders must be filed and served within 28 days of the decision or the parties will risk not having their matters heard.
Her comments were made when dealing with the case of Derrick Smith, who sought to appeal the Immigration Appeal Tribunal’s decision not to grant him permanent residency, several years after the refusal.
“The application was not only riven with procedural errors, it was also hopelessly out of time, being moved some 4 years after the decision of the IAT was communicated to the Appellant,” noted Ramsay-Hale, who added that no good reason was given for the delay.
A chronology of events shows Smith made an initial application for permanent residency on 21 May 2015 and, following a three-year delay, he was denied PR 5 March 2018. Then on 28 March, he filed a notice of appeal to the initial decision; in November 2019 that appeal was refused.
According to the judgment, Smith assumed his then lawyer had appealed the November 2019 decision. However, when he realised this was not the case, he secured new legal representation with Steve McField – who in March 2020 sought to appeal the second refusal.
However, McField would go on to be appointed chairman of the Caymanian Status and Permanent Residency Board and so was unable to continue to represent Smith, who would do nothing further to advance his application until June 2022 when he hired a new lawyer.
Grand Court rules apply
Smith’s new attorney, Martha Rankine, is said to have filed a motion to appeal the Immigration Appeal Tribunal’s November 2019 decision in July 2022, and in September 2023 the appeal was finally heard before the chief justice.
When refusing Smith’s application, Ramsay-Hale noted that there was no actual law that imposed a time limit for appeal hearings, which means appeal applications must be filed in line with Grand Court rules.
“Simply put, the appeal must be filed and served within 28 calendar days of the decision against which the appeal is brought,” wrote Ramsay-Hale, who also noted that the court’s discretionary powers must also be used in accordance with good administration that is fair and balanced.
“While there would be no specific prejudice to the IAT if time were extended, it is not in the interest of good administration to extend time for a challenge to the decision of a public body beyond the 28 days set out in the Rules, much less a period of 4 years,” said Ramsay-Hale in her judgment.
She added that through the multiple delays Smith was able to remain in Cayman for five years after his initial refusal – which runs contrary to Cayman’s immigration laws.
Although she dismissed Smith’s appeal, he would be able to continue to remain in Cayman if he files an appeal of that decision within the 28-day deadline.
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