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Injunction granted over Canadian’s deportation

Attorney Fred Smith, QC

Attorney Fred Smith, QC

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

ATTORNEY Fred Smith, QC, has obtained a Supreme Court injunction restraining the deportation of Canadian resident Bruno Rufa, who was taken into custody and deported by immigration officials yesterday following an adjourned hearing in Freeport.

Mr Smith said last night that Mr Rufa was on a plane back to Grand Bahama. He claimed it was a victory as it was the first time that they have successfully overturned a deportation.

Mr Rufa is accused of working illegally in The

Bahamas. He was charged on February 2 before Magistrate Debbye Ferguson with engaging in gainful occupation contrary to Section 29 (1) and (2) of the Immigration Act.

Immigration officials arrested him on January 30 after he was reportedly discovered working at a pool bar at the Coral Beach Apartments without a work permit. 

Magistrate Ferguson had adjourned the matter to yesterday because Mr Smith had been unable to attend and released Mr Rufa on $2,500 cash bail.

On February 13, Mr Smith sent a letter to the magistrate requesting another date in March or April because he had to attend another matter in the Supreme Court in Nassau yesterday.

A letter was also sent to immigration officials on February 17, informing them of that and that Magistrate Ferguson had adjourned the matter to March 12. 

Yesterday morning, counsel at Callenders and Co received a call from Immigration officer Raquel Lightbourne who informed them that Mr Rufa was still to appear in court and that she had not received a letter. 

Mr Rufa and counsel Carey Leonard, of Callenders and Co, appeared in court yesterday, when Magistrate Ferguson adjourned the matter to March 12 due to Mr Smith’s absence. 

Immigration officers, however, immediately took Mr Rufa into custody, informing the court that the Director of Immigration had decided that Mr Rufa is an undesirable and is to be deported as soon as possible. Mr Leonard, appearing on behalf of Mr Smith, protested. 

While in custody, Mr Rufa was taken to his residence to pack a bag, transported to the airport and put on the 3.08pm flight out of the country.

Mr Leonard wrote to the Assistant Director of Immigration requesting a copy of the Deportation Order, but did not receive a reply before Mr Rufa’s deportation. 

Yesterday Mr Smith filed for an application in the Supreme Court on behalf of Mr Rufa for leave to apply for Judicial Review and for an injunction restraining his deportation. 

Justice Philip Dunkley ordered that Mr Rufa be at liberty to bring judicial proceedings. He also ordered that until judgment in the judicial review proceedings or until further order of the court, the respondents, the Minister of Immigration and Director of Immigration, are restrained from proceeding with or continuing to undertake deportation of Mr Rufa.

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