Joey Delosa Buray (Respondent) v Immigration Appeals Tribunal and another (Appellants) (Cayman Islands)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2023/0095

Jurisdiction

Cayman Islands

Parties

Appellant(s)

(1) Immigration Appeals Tribunal, (2) Attorney General of the Cayman Islands

Respondent(s)

Joey Delosa Buray

Issue

Is section 37(3) of the Immigration (Transition) Act (2021 Revision) incompatible with the right to private and family life under section 9 of the Bill of Rights?

Facts

The Cayman Islands operates a statutory points-based system (the “Points System”) for determining applications made by foreign nationals for permanent residence. The Points System allocates points for various factors such as the applicant’s age, occupation, education history, local investments, financial stability, and integration into the Caymanian community. Some factors are allocated more weight (i.e. more points) than others. For an application for permanent residence to succeed, the applicant must score at least 110 points overall. Mr Buray, the First Respondent, is a Filipino national. He has lived in the Cayman Islands since February 2008 with the benefit of a work permit. On 24 January 2017, Mr Buray applied for permanent residence. The Chief Immigration Officer refused his application on 15 January 2018 on the basis that his total score of 61 points fell below the 110-point threshold. On 6 February 2018, he appealed to the Immigration Appeals Tribunal (“IAT”), the First Appellant. On 27 December 2019, the IAT directed a de novo rehearing of Mr Buray’s application. Having expressly considered his constitutional rights including under section 9 of the Bill of Rights, the IAT dismissed Mr Buray’s appeal on the basis that, in its fresh assessment of his application, he only scored 74 points. On 15 January 2021, Mr Buray requested a reconsideration of the IAT’s decision. That request was dismissed on 16 February 2021. Mr D’Souza, the Second Respondent, is an Indian national. He has had a work permit and has lived in the Cayman Islands since November 2009. On 7 November 2018, Mr D’Souza applied for permanent residence. On 12 March 2019, the Caymanian Status and Permanent Residency Board rejected his application on the basis that his total score of 99.5 points fell below the 110-point threshold. On 29 March 2019, Mr D’Souza brought an appeal to the IAT. On 9 June 2020, the IAT dismissed Mr D’Souza’s appeal without requiring a de novo hearing. The Respondents issued claims in the Grand Court which were consolidated. The Grand Court dismissed the claims, rejecting the submission that the statutory Points System was incompatible with section 9 of the Bill of Rights. The Court of Appeal dismissed the appeal but made a declaration of incompatibility. The Court of Appeal granted the Appellants leave to appeal against the declaration to the Board.