At two recent sittings, the House of Assembly gave consideration to the Anguillian Status Bill which is a consequence of an amendment to the Constitution. The amendment changes the term “belonger of Anguilla” to ‘Anguillian’ among other related matters.
The Bill, which has already had its first reading, was to have been given its second and third readings on Tuesday, October 8, but was postponed until a later date.
The postponement was at the request of the Leader of the Opposition, Ms. Palmavon Webster, who indicated that there was a need for public consultation. It is understood that the arrangement was for the Bill to be explained on Friday, October 10, in line with the public consultation on the new Constitution.
The draft legislation expects to be taken to the House of Assembly on Tuesday, October 22, for its second and third readings and passage.
Following are the Explanatory Notes, which do not form part of the Bill, to provide readers with an insight of its provisions:
The Anguilla Constitution (Amendment) Order, 2019 provided for new requirements regarding how persons attained Anguillian status or Anguillian nationality. Of primary importance, the current constitutional amendment introduced the term ‘Anguillian’ as a replacement for ‘belonger of Anguilla’; extended the categories of persons who would be considered as Anguillian; and provided for the withdrawal of Anguillian status under certain limited circumstances.This Bill seeks to capture, in local legislation, these constitutional changes and to provide for the wider administrative functions regarding attaining Anguillian status.
The Bill comprises of 26 clauses divided into two parts.
Part 1 deals with interpretational matters and the functions of the Chief Immigration Officer, the Chairperson of the Anguillian Status Commission and the Commission itself. Of significance in the interpretation, section is the recognition that Anguillian status cannot be separated from belonger status as defined in previous constitutions. Therefore, in addition to the current constitutional amendment, ‘constitutional provisions’ have been defined in clause1 to include:
(a)Belonger Provisions in Anguilla (Constitution) Order 1976 No. 50 (section 18(5));
(b)Belonger Provisions in the Anguilla Constitution Order 1982 No. 334; and
(c)Belonger Provisions in the Anguilla Constitution (Amendment) Order 1990 No. 587;
For ease of reference, the current constitutional amendment has been reproduced in Schedule 1 and the 3 Belonger Provisions have been reproduced in Schedule 2.
The current constitutional amendment provides for Anguillian status to be granted if the applicant, in addition to other matters, satisfies certain continuous, residency requirements. So a person with no connection to Anguilla who continuously resides on Anguilla for 15 years may be granted Anguillian status while a great-grandchild who continuously resided on Anguilla for 5 years may also be granted Anguillian status. The Bill seeks to define what is meant by ‘continuous residency’ for each category of persons who may be granted status by the Commission. For e.g., clause3(1) states:
“In determining Anguillian status under the Constitution a reference to the term “continuous period” means—
(a)where the requirement is 5 years, that means for 5 years ending with the date of the application, the number of days the applicant was absent from Anguilla does not exceed 180 days for each year;
(b)where the requirement is 15 years, that means for 15 years ending with the date of the application, the number of days the applicant was absent from Anguilla does not exceed 120 days for each year;”
In order to meet the justice of each case, the Bill provides balance and fairness by introducing provisions under clause 3(2) for the waiver of residency requirements under certain circumstances and under clause4 for the waiver of the payment of fees under immigration laws.
Clause 5 of the Bill sets out the role of the Chief Immigration Officer which includes considering whether an applicant is an Anguillian; forwarding relevant files to the Anguillian Status Commission or the Chairperson of the Commission. Under clause 7, the Chief Immigration Officer may also prepare letters certifying that persons are Anguillian. The Bill sets out the functions of the Anguillian Status Commission which includes:
“(a)reviewing applications for Anguillian status and deciding whether the applicant meets the requirements to be granted Anguillian status;
(b)granting Anguillian status to applicants whom they determine meets the requirements for Anguillian status;
(c)reviewing requests from the immigration department concerning whether an applicant has Anguillian status; and
(d)issuing certificates of Anguillian status.”
Unlike in previous constitutional provisions, the current constitutional amendment provides for the withdrawal of Anguillian status if certain categories of persons are convicted of indictable offences by a court in Anguilla. The Bill provides the administrative machinery to facilitate the withdrawal of Anguillian status. For e.g., clause8(5)states:
“Anguillian status shall be withdrawn from the day the Commission makes its decision and a notice of the withdrawal of Anguillian status shall be served immediately on the person from whom the Anguillian status was withdrawn.”
Part 2 of the Bill provides for the establishment of the Anguillian Status Commission, the manner in which it would function, its powers and transitionary measures. The membership, role, and functions of the Anguillian Status Commission have not been substantially changed from that of the Anguilla Belonger Commission. In terms of its powers, the Anguillian Status Commission has been accorded provisions to allow for the use of modern electronic tools such as audio and video links and electronic documents to enhance administrative efficacy. Of note, it is now made explicit that the Chief Immigration Officer and the Anguillian Status Commission may request affidavit and DNA evidence to assist in establishing Anguillian status.
The Bill repeals the Anguilla Belonger Commission Act.
