No new work permits for Haitians until protocols are revised

By EARYEL BOWLEG Tribune Staff Reporter ebowleg @ tribunemedia.net

LABOUR and Immigration Minister Keith Bell announced on Friday that no new work permits will be processed for Haitians until revised protocols are introduced to ensure the authenticity of documents produced by Haiti’s government.

Existing work permit applications and renewals will face vigorous review and scrutiny. He also announced that existing and new permits to reside applications for Haitian citizens will only be considered on a case-by-case basis.

Approvals will be granted in “exceptional cases” only.

“Applicants should note that as a consequence, the timeframe for the processing and determination of such applications will be impacted,” the minister said.

This move comes after Prime Minister Philip “Brave” Davis ordered all diplomatic personnel in Haiti to immediately leave the country as soon as security conditions permit, citing the rapidly devolving and unstable conditions there.

“On Thursday, January 26, the Haitian National Police paralysed Port-auPrince, Haiti by blocking streets and forcing their way into Haiti’s main airport. Reports indicate that the officers also attacked Haiti’s head of government Ariel Henry’s official residence. Roads in several cities in the north of Haiti were blocked by protesters,” Mr Bell said.

“(Thursday’s) protest by the Haitian National Police followed the departure from office of Haiti’s last remaining senators and represents a further decline in the functioning and stability of the Haitian government.”

Mr Bell said The Bahamas maintains a strict regulatory framework for the review and from page one

Mr Bastian had denied the rape and claimed the sex was consensual.

In a tragic turn of events, Mrs Bethel died of COVID19 complications at Princess Margaret Hospital in May 2021, a day after giving birth to her fourth child. However, her estate continued with the civil action after her death.

Mrs Bethel was married to a Bahamian man and had been living in The Bahamas since 2010. She was arrested along with other women around 1am on December 13, 2014, after authorities raided a bar where she worked. She told them she had a spousal permit but was still taken into custody to confirm her immigration status.

After spending some time at a police station, she ended up being transferred to the Carmichael Road Detention Centre pending verification of her spousal permit. On Monday, December 15, 2014, Mrs Bethel was released into Mr Bastian’s custody to verify her correct home address.

He initially had a female friend in the car with them and made several stops before dropping the friend off. He then took Mrs Bethel back to his home where she said he kept her imprisoned against her will overnight and raped her.

While Justice Charles ruled that Mrs Bethel was assaulted, she said the government was not liable for Mr Bastian’s actions.

“The fifth defendant (Mr Bastian) was on a frolic of his own when he deceived the acting director of immigration that he was taking the plaintiff to verify her correct address and he was accompanied by a female, knowing full well that the female was his friend and not an employee,” Justice Charles ruled. “His unauthorised acts processing of all immigration applications. He added: “This process requires each applicant to produce various reports and certifications from their home countries. A key report is a character certificate from local police authorities to confirm any criminal history of an applicant.

“Additionally, in many instances, the Department of Immigration may require applicants to attend the Bahamian embassy or consulate in the applicant’s home country when immigration officials require enhanced verification.

“In response to (Thursday’s) events, the Department of Immigration hereby advises the public of changes to its policies concerning the acceptance and processing of applications for work permits and permits to reside from the Republic of Haiti with immediate effect.”

Asked to elaborate on what would be considered exceptional circumstances for approval of Haitian permit applications, the minister gave examples but said in previous cases they have still been denied.

“I would have intimated to the media on several occasions persons (of) Haitian nationals who are on work permits in the country have applied to immigration for the grant of a permit to reside for their children or their spouse. I have intimated to the media and to the public that we have not in most circumstances granted those permits.

“Exceptional circumstances would mean in the case where a father, mother, children would have been killed or executed or instances where we know that they have been hiding. We know that the gangs have put threats and they’ve actually carried all those threats on those families but even then I can give two examples.

“There is a case where a Haitian father has applied of sexually assaulting and battering the plaintiff was not within the course of his employment and/or sufficiently close to make it right and just for the employer to be held liable under the principle of natural justice.

“Although I believe that Mrs Bethel could have refused to go with Mr Bastian, having heard the evidence, I believe that she was not told that she could refuse. I accept Mrs Bethel’s evidence that (she) did not believe that she had freedom of movement and she was afraid. I believe that Mr Bastian misused and abused his authority as a senior immigration officer to make Mrs Bethel believe that she had no choice but to go with him. As such, Mrs Bethel was falsely imprisoned by Mr Bastian for 22.35 hours. She is, therefore, entitled to damages for false imprisonment.”

She also ruled: “He had no duties beyond investigating Mrs Bethel’s correct address and he was fully aware that a female officer ought to be with him. He put aside his role as an immigration officer and embarked on a frolic of his own. Therefore, the government is not vicariously liable for his actions, namely falsely imprisoning Mrs Bethel for 22.35 hours; assault and battery. Mr Bastian must pay damages to Mrs Bethel to be assessed by the registrar.” for a permit to reside for four children to come to The Bahamas. Those applications have consistently been refused and it’s a conversation I’ve had with my permanent secretary and the director and the team seated before you.

Justice Charles also found that Mrs Bastian’s “unlawful imprisonment by the government” for 48.55 hours “was not malicious or outrageous but done, albeit wrongly,” to verify her immigration status.

“Mrs Bethel’s right under Article 19 of the Constitution had been breached. She is, therefore, entitled to damages from the government for 48.55 hours. Such damages are to be assessed by the registrar,” Justice Charles ruled.

On the last occasion, I’ve been presented with an application where one of the children has been executed and they have presented the death certificate. They presented evidence whether the children are in hiding, they cannot go to school, etc. But even then the applications of the three remaining children have been refused. “So it isn’t an easy decision to be made but it is a very one that has to be made. Again, we know the floodgates argument and so we have to take into account each case as the situation presents itself but some very tough decisions will be made. We are up to the task with the recommendations and, of course, to make those decisions.”

Nearly 400 Haitian migrants are detained in Inagua after they were caught on a vessel in Bahamian waters last week. Another group of Haitian migrants landed on Andros later last week. Mr Davis has said the crisis in Haiti poses a substantial threat to The Bahamas due to an increase in irregular migration.