A friend of mine was a victim of a crime and she has since left Cayman. I understand the offender is a foreign national but it is unclear if he is a permanent resident or perhaps has Caymanian status. Does his immigration status affect whether he can continue to live in Cayman once he gets out of prison? I want to know if he will be deported after he serves his sentence or be able to remain on island. Does immigration follow up on cases like these? How does the process work?


Auntie’s answer: This is another of those questions where I went straight to the Department of Immigration for help. Understandably, the official I spoke to explained that the department can only offer general advice on this issue and not speak to any individual cases.

The Immigration Law (2015 Revision) specifically addresses this issue. Under Part VIII, Section 87, it says the law concerning deportation “does not apply to Caymanians or any person who is entitled to remain permanently in the Islands”.

The next section specifies that a “deportation order shall only be made in the case of a person who is:
(a) A convicted and deportable person;
(b) A person who has been convicted of an offence contrary to section 56 or 78(1)(c); or
(c) A person who has been sentenced in the Islands to imprisonment for not less than six months,
unless a magistrate shall have reported on the case and the Cabinet, having had regard to the findings of fact and conclusions of law and any recommendation contained in such report, is satisfied that such order may properly be made”.

The official added that the law does not specifically define a deportable person, except for stating who is not subject to deportation under Section 87.

To clarify the point about deportation and permanent residents, he said, “A PR holder or any person who has the right to remain permanently in the Islands is not a deportable person; however if they lose their right to remain permanently on Island, which is possible if they have been convicted of a crime, they then become a deportable person and may be subject to deportation.”

You also asked about immigration following up and the process itself. First of all, it should be noted that immigration cannot issue a deportation order. The official added, “Only the governor has the authority to make an order for deportation. If an order is made then the department may be called upon to assist with the logistics of the deportation if necessary.”

The law mentioned in this column can be found on the CNS Library.