Immigration status and deporting criminals

| 24/10/2016

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.


Category: Ask Auntie, Immigration Questions

Comments (5)

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  1. tatum says:

    I know of a individual who was one of the organizer -master of kidnapping and served just about 3 years in jail and come back serving GOD and his status on the Cayman Islands is good. he can served God but it does not take away the crime he committed. GOD see all things and amount us…… ready to committed another crime, because one a criminal always a criminal.

  2. Anonymous says:

    CNS – Immigration seems to have only given you part of the answer.

    They have failed to address the revocation of Caymanian status. Section 28 of the Immigration Law makes it clear that anyone granted status can have it revoked on conviction if there is a sentence of more than 12 months imposed. Even cabinet status grants can be revoked (without regard to length of sentence) if any offence is committed which was made possible or facilitated by the grant.

    Section 38(1)(c) also confirms that a PR holder convicted of an offence can have their PR revoked. Auntie’s contact appears to acknowledge that, but not the position in relation to status revocation.

    • Good job says:

      Yep, I was just about to reference Section 28(1) Revocation of Caymanian Status Upon Conviction under the Immigration Law (2015 Revision), but I see you addressed it already.

    • Anonymous says:

      It’s my understanding that Status Grants by Cabinet are irrevocably etched in rock on Mt Sinai and cannot (or won’t) be cancelled, only the status of those of the more respectable citizens that applied and waited in line for years via traditional Boards are at risk on conviction. That’s the way it used to be. Enforcement of anything is another matter entirely.

      • Anonymous says:

        Status Grants by Cabinet are absolutely revocable, but only Cabinet can revoke them. They won’t, but only it seems because it will result in one less voter – not because of the law or what is best for Cayman or the Caymanian people.