By AVA TURNQUEST
Tribune Chief Reporter
aturnquest@tribunemedia.net
A prominent Jamaican businessman yesterday called on the government to “stick to the constitution”, saying previous attempts at immigration policy reform have been devastating to migrant communities and their children.
Rohan Kerr, proprietor of the well-known restaurant Pepper ‘N Spice, spoke to The Tribune as the draft Nationality, Immigration and Asylum Bill, 2018 makes its rounds for public consultation.
“To me every time they come and put a policy in, it doesn’t work,” Mr Kerr said. “What they need to do is stick to the constitution, that’s all it is, don’t beat around it because even if you put a policy in place the constitution still overrides that.
“One person can make a policy but the constitution is what the Bahamians have put in place. Go with the constitution and you wouldn’t have all these problems.
“When you tell people that whoever born here (to foreign parents) must apply for their status between 18 and 19 - well I did that. I did that for my son and it’s been three years now. So what are you telling me? So after his Belonger’s permit expires this year, what happens to him?
“What is he going to get, wait another umpteen years again?”
Mr Kerr added: “My son went through the system, had travel documents since he was born and then they bring this (Belonger permit) policy and change all of this. It affected a lot of children born here.”
Mr Kerr was referring to the Belonger permit policy —first announced in late 2014 and introduced in 2015 —which required migrant children to register for citizenship of their parents and then apply for a permit to reside in the country.
In her presentation on the draft new bill, Dame Anita Allen— who chairs the Law Reform and Revision Commission that prepared the Bill — called the 2015 policy “ineffectual”.
Mr Kerr said his children got their Jamaican passports, as prescribed, but after he applied and paid for Belonger permits - he was later told that one of his sons was not eligible because he was 17.
This was later overturned by a more senior officer, who confirmed there was no age limit on obtaining the permit.
Due to the lack of clarity over the Belonger’s permit, Mr Kerr said he was advised by another officer to apply early for his son’s citizenship.
However, he said when he checked on the application status a year later, he was told the file could not be found. Some two years later, it is reportedly still missing.
“I was told to get all the documents all over again, and I said ‘Miss that’s money’. Everything you asking me for that’s money.
“Another thing is,” Mr Kerr said, “when I put that application (for the permit) in I said how soon I can get it back, because at the time my son was being considered by schools away and they wanted all these things and we couldn’t provide it.
“So I was asking to see how fast I could speed up this Belonger’s permit. The lady say she’d charge me a fee, so I said how much? She said $500...that’s their side money. I didn’t pay them that $500 because the permit only cost $75 so why would I pay you to do your job?”
The restauranteur said he was not comforted by the new law’s promise to bring greater certainty and fairness to the immigration process, and pointed to a lack of harmony between government policy and the day-to-day operations of the Immigration Department.
There, he said, officers were either not trained or simply uninformed about the relevant policies, and operated according to their own agenda which could vary drastically by section or temperament.
He expressed frustration that there was seemingly no distinction made between law-abiding migrants and those entering the country illegally, and pointed to rampant discriminatory treatment and outcomes based on nationality.
Mr Kerr, who leads the Jamaican Diaspora Association Bahamas (JDAB), has lived in the country for 30 years and has held permanent residency since 2000.
He stressed the experiences shared by himself and others were not representative of the entire department, but noted that the unfairness of the system has turned away scores of Jamaicans who attempted to settle lawfully in the country.
“They are complaining that so many permits are approved but nobody is coming for them, nobody is here no more,” Mr Kerr said.
“Do you know how many permanent residencies are up there approved but the persons aren’t in the country anymore? They just got frustrated and left because the process shouldn’t take that long.”
Mr Kerr said it was regrettable the country did not embrace other cultures, which he feels will only enrich the country. He noted most of the top performing children in public schools were from migrant families, adding it was only when these children strike success as adults living abroad that the Bahamas stakes a claim. He said many children were depressed by the current system, which denies them even the most basic opportunities.
“If it’s frustrating to those people now who haven’t applied yet, and even if they apply, how long are they going to have to wait?
Mr Kerr added: “And who will they talk to, because no one is listening. Nobody is listening, they tell these stories on the news and in the papers but when you actually go in person - it is not what it is.”
Comments
bogart 5 years, 1 month ago
....dey charges you $500. for a side fee for a Permit only costing $75. ...??????...CLOsE IMMIGRATION DOWN AND PUT MR.BASTIAN THE AUDITOR GENERAL TO INVESTIGATE AN START JAILING.....FIRST STEP...!!!!!!!!!!!!!!!!!!!!.....aint no use legislating further......!!!!!!!.......
Well_mudda_take_sic 5 years, 1 month ago
Be careful fellow Bahamians. This unconstitutional new immigration bill would give Rohan Kerr and his ilk 75% of what they have all along wanted. These proponents of open borders are not satisfied with that though. They want by hideous way of further amendments to this unlawful bill 100% of what we (the Bahamian people) voted against when we last voted on the citizenship amendments to our Constitution. Don't be fooled by these blithering imbeciles.
pro_test 5 years, 1 month ago
NO RESPECT FOR YOU..... YOU SHOUKD JUST DIE
Well_mudda_take_sic19 minutes ago I self-deported myself, my family and my small fortune quite a few years ago. I now spend most of my time between my ranch in Montana, my condo in Toronto and my villa in Costa Rica. My home in the Bahamas is under lease for the next several years (leased by a foreigner). In another few years, when the U.S. economy rolls-over, you're going to be wishing you could have done the same. ROWL
Sickened 5 years, 1 month ago
Stop drinking so damn much pro-test.
sheeprunner12 5 years, 1 month ago
Kerr is right ........ We must stick with our Constitution ....... it has not changed since 1973.
Policy does not change the LAW ........... It is just lipstick on the pig.
stillwaters 5 years, 1 month ago
Why would this Jamaican go all of this in another country when he wouldn't be faced with all of this stress in his home country?
geostorm 5 years, 1 month ago
@stillwaters, cause "dey know it's betta in de Bahamas!" yet dey complain about our system and how we manage it.
I do agree that we need to make immediate improvements, there is no way that his application should take this long to process only to be told that it is missing two years later. That is a lot of incompetence and I can say that because I am a raw bone Bahamian!
TheMadHatter 5 years, 1 month ago
"A prominent Jamaican businessman yesterday called on the government to “stick to the constitution”, saying previous attempts at immigration policy reform have been devastating to migrant communities and their children."
Migrant communities should not have any children. None. Zero. Zip.
Who cares about their high performance in school? Japanese children perform extremely highly in school. Should we send the plane to go bring a few thousand of them over here and kick our own children our into the playground to sit on the benches? Should we increase to 90 children in one classroom?
These people deep down simply wish for all Bahamians to die so they can take over our land and our country. Of course if you have a problem with their plans to take-over (like i do) then you are branded a racist. In 2019 it is racist to wish for yourself and your family to survive.
sheeprunner12 5 years, 1 month ago
Pindling started this BS ........... Caribbean folk use us as a stepping stone to go to the US & Canada ......... and drain all our money back home ........ SUCKERS
jackbnimble 5 years, 1 month ago
“To me every time they come and put a policy in, it doesn’t work,” Mr Kerr said. “What they need to do is stick to the constitution, that’s all it is, don’t beat around it because even if you put a policy in place the constitution still overrides that."
With regard to the prominent businessman's comment, first of all, this is a LAW they are proposing not a RULE or POLICY.
Where the constitution is silent, I do believe statute law is used as a guide.
This will put an end to all the persons in this country who fail to get regularized and are now seeking to sue the Government because they did not follow the law.
Let's take our head out of the sand and not print ignorant comments!
Sickened 5 years, 1 month ago
Once this Jamaican gets his papers he ga be screaming the loudest to clamp down on immigration when the chinese open restaurants all around his.
licks2 5 years, 1 month ago
I am afraid that the Jamaican businessman needs to go and educate himself and stop talking dumb stuff!! Nothing has changed from Article 7 in our Constitution. . .18 to 19 years apply or ya don't get citizenship any more. . .alla the rest are laws made by immigration. . .as they are allowed by Constitution!! Persons like the businessman and Dr. Bethel are making all kind of noise without reading the document. . .
Bobsyeruncle 5 years, 1 month ago
You don't seem to get citizenship even if you do apply between 18 & 19. My son flew to The Bahamas for his citizenship interview when he was 18. He had all the required paperwork and aced his interview. He is now 25 and we haven't heard anything from Bahamas Immigration despite follow up phone calls and letters. A constitution isn't worth the paper it's written on if it's not interpreted and executed correctly and efficiently.
joeblow 5 years, 1 month ago
Well that's just what this country needs, a Jamaican giving advice on Bahamian immigration policies! If the dimwits who run this gov't stick to the constitution then the children of illegal immigrants without a Bahamian parent would NEVER be given the right to apply for citizenship when they turn 18, because that IS unconstitutional!!
PrinceRichie 5 years, 1 month ago
No country's system is perfect, there are lapses in one or two systems of a country it can only take prayer, time and God for the fixing.
TheMadHatter 5 years, 1 month ago
Sorry bro - but God does not hold a seat in Parliament nor does he want or require one. We are talking about trivial little worldly things here which He expects us to handle.
SP 5 years, 1 month ago
The "prominent" Jamaican has spoken.
Now let's hear from the "prominent" Haitian, Chinese, American, Filipino, African, Latino, Canadian and West Indian.
None of these "prominent foreigners" will have one positive thing to say about preserving the Bahamas for Bahamians. It's all about them, their businesses and their children!
What about Bahamians, our businesses and our children?
We need to build a wall around the Bahamas before these "prominent" foreigners take everything our forefathers slaved, worked and sacrificed for!
sheeprunner12 5 years, 1 month ago
This country was built from scratch by "prominent foreigners" ...... white, brown, yellow and black. There are no "prominent" Lucayans anymore.
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