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12/10/2020 | hsmoffice

Aspects of Law Relating to Border Control Found to be Incompatible with Bill of Rights

On 8 October 2020, the Court of Appeal of the Cayman Islands, affirmed the earlier Judgment of Williams J in finding that Section 82 of the Immigration Law (2015 Revision) and Section 109 of the Customs and Border Control Law, Read more +

01/10/2020 | hsmoffice

HSM Celebrates Eight Years of Impressive Growth

HSM celebrates eight years in business in the Cayman Islands. Named after Huw St. J. Moses OBE. HSM was founded on 1 October 2012. HSM is comprised of these entities: HSM Chambers, offering a full-suite of legal services; HSM Corporate Read more +

21/09/2020 | hsmoffice

HSM Scholarship Fund Recipient to Graduate with Honours

HSM Scholarship Fund recipient, Tarec Francis, has successfully completed his two year Associate of Applied Science Hospitality Management Degree (AAS) at the University College of the Cayman Islands. Tarec will be graduating in November with honours and is acknowledged on Read more +

18/09/2020 | hsmoffice

A Look into Cayman’s Proposed New Rule on the Deregistration of Private Trust Companies

On 17 August 2020, the Cayman Islands Monetary Authority (“CIMA”) wrote to the heads of several private sector associations in the Cayman Islands, including the Cayman Islands chapter of the Society of Trust and Estate Practitioners (“STEP”) seeking their views Read more +

Aspects of Law Relating to Border Control Found to be Incompatible with Bill of Rights

On 8 October 2020, the Court of Appeal of the Cayman Islands, affirmed the earlier Judgment of Williams J in finding that Section 82 of the Immigration Law (2015 Revision) and Section 109 of the Customs and Border Control Law, 2018 are incompatible with the Cayman Islands Bill of Rights.

The Judgment in the case of Ellington v Chief Immigration Officer, in which Mr Alastair David of HSM Chambers represented Mr Ellington both before the Grand Court and Court of Appeal of the Cayman Islands made it clear that the previous Law in respects to Prohibited Immigrants and its current incarnation are incompatible with the Bill of Rights and in particular the right to the family and private life.

It is hoped that this decision will lead to a much needed change in the Law which will lead to clarity in how the relevant authorities deal with Prohibited Immigrants. The Court of Appeal noted with some concern that there are no directives or rules governing Prohibited Immigrants and it is hoped that this will also be addressed shortly. Furthermore, it is also hoped that at the same time thoughts can be given to amending other sections of the Immigration Law which may be incompatible with the Bill of Rights.

Click here to read more details on The Effect of Ellington v Chief Immigration Officer of the Cayman Islands.