Benjamin Responds to Cort on Constitution

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Tuesday, 29 May 2012 02:30

By caribarena news

Antigua St John's - There is no question that the interpretation of the section of the Constitution that governs naturalisation, as well as the Citizenship Act, must be reviewed and possibly adjusted to reflect a more realistic and balanced approach to the issue.

This is the opinion of ALP spokesman Steadroy "Cutie" Benjamin, former Attorney General and Practicing Attorney.

Responding to the latest statements from National Security Minister Dr Errol Cort on the subject, Benjamin said the issue is clearly a “contentious” one, and that norms in the United States and the United Kingdom should be given favourable consideration if there is a review.

He said while there are some cases where the notion of “gaps” could be seriously considered in terms of an individual being absent form the territory for a period over six month, or their failure to sustain lawful status in the country, these are few and far in between, and it is instead only fair that the Immigration Department be given sufficient scope to consider individual circumstances.

“If it is less than six months, I do not think they should penalize any person… I would advise that they look at it (the interpretation of the Constitution) once more,” Benjamin said.

He added that such cases could be looked at against the backdrop of the rights of individuals as they reside in the United States and UK.

Regarding the issue of OECS and Commonwealth nationals “losing points” for not being gainfully employed for an extended period, and remaining in the country without either a work or residence permit, Benjamin said he supports that approach.

But he did suggest that some level of consideration be given either through a regularized immigration status, while that individual seeks alternative employment, or otherwise.

“That is something that the Immigration Department, and indeed the Ministry should look at," Dr Cort said. "If you stick to the law, then technically speaking, that person would be living unlawfully, with no work permit and no extension of time.

"But I would have thought that in light of the developments in the Caribbean region and indeed worldwide, that there would be much more consideration making it so it wouldn’t be that difficult. And I must accept that Dr Cort does have a point.”

Regarding the Citizenship Act, which applies to non-Commonwealth and OECS citizens, and seems to have much more consideration and scope for on the subject or “gaps,” Benjamin said more commonality and harmonization is needed in this instance.

“The Immigration Department and indeed the whole ministry need to look at all of these Acts, and make sure there is a commonality… a harmonization… an understanding to apply one rule to all parties, even though we do believe that Citizens in the OECS and Commonwealth ought to be given a leg up,” Benjamin said.

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