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'My expanded immigration powers not new'- Hon Wheatley

- Says Immigration Chief has discretion to permit people to land and remain in Territory
While the Cabinet decision has created some amount of public backlash as to why the Minister was given those powers, Hon Wheatley in a District 5 meeting on Thursday, May 2, 2019, in Huntums Ghut area, revealed that the powers are not necessarily new as they were already the responsibility of the Immigration Chief. Photo: Facebook
In a Cabinet Meeting dated April 24, 2019, chaired by Deputy to Governor Mr. David D. Archer Jr., it revealed that Cabinet, “approved the amendment of the Immigration and Passport Act (CAP. 130) Section 24 by adding a new section 24(a), which would enable the Minister, in his discretion, to grant any person permission to land and remain in the Territory for such period, as he may determine.” Photo: GIS
In a Cabinet Meeting dated April 24, 2019, chaired by Deputy to Governor Mr. David D. Archer Jr., it revealed that Cabinet, “approved the amendment of the Immigration and Passport Act (CAP. 130) Section 24 by adding a new section 24(a), which would enable the Minister, in his discretion, to grant any person permission to land and remain in the Territory for such period, as he may determine.” Photo: GIS
HUNTUMS GHUT, Tortola, VI – According to a May 1, 2019, Cabinet Release, Minister for Natural Resources, Labour and Immigration, Hon Vincent O. Wheatley (R9) will soon have the power to permit any person to land and remain in the territory at his discretion, via an amendment to the Immigration Act.

Powers not new – Wheatley

However, while the decision has created some amount of public backlash as to why the Minister was given those powers, Hon Wheatley in a District 5 meeting on Thursday, May 2, 2019, in Huntums Ghut area, revealed that the powers are not necessarily new as they were already the responsibility of the Chief Immigration Officer.

“The Immigration Chief currently has those discretion to do just that, this government thought it best to put that responsibility in the hands of a minister,” Hon Wheatley told those gathered at the Althea Scatliffe Primary School for the community meeting.

Further, he says, “All those thing you read in the news... already exists, except they exist in the hands of a public officer."

In a Cabinet Meeting dated April 24, 2019, chaired by Deputy to Governor Mr. David D. Archer Jr., it revealed that Cabinet, “approved the amendment of the Immigration and Passport Act (CAP. 130) Section 24 by adding a new section 24(a), which would enable the Minister, in his discretion, to grant any person permission to land and remain in the Territory for such period, as he may determine.”

More Cabinet Decisions   

More amendments were made such as in, “In cases where a person does not qualify to land and remain in the Territory under section 23(1)(g) in cases such as, but not limited to, religious leaders, entertainers, activists, national heroes, sports personalities, motivational speakers and persons who would boost the Territory's tourism product and can add to the substance of the Virgin Islands in the areas of religion, education, sports, culture and tourism. The Premier's Office would instruct the Attorney General to draft the relevant amendment to the Immigration and Passport Amendment Act.”

The public missive further notes, that the decision was made to ensure and maintain the ‘National Security of the Territory of the Virgin Islands.’

However, before the amendment is brought into full effect, it would have to be taken to the Virgin Islands (VI) House of Assembly (HoA) for passage into law.  

9 Responses to “'My expanded immigration powers not new'- Hon Wheatley ”

  • Totally lost (04/05/2019, 14:23) Like (11) Dislike (12) Reply
    "the decision was made to ensure and maintain the ‘National Security of the Territory of the Virgin Islands.’"

    Exactly what does this mean? I am an average Virgin Islander who does not understand this language. Why it is now necessary for a single politically ELECTED minister to essentially have the last say with regards to who can enter and remain in the territory? So professional persons travelling to the Territory to represent a political rival can be refused by the minister per this new section? Hmmm. Seems more of treath to National Security of the Territory of the Virgin Islands to me. Was the Territory exposed prior? In what way(s). What am I missing?
    • ABC123 (04/05/2019, 16:45) Like (6) Dislike (14) Reply
      In the last case (the one in which the Esteemed did not understand his job, and the court had to tell him to be a good boy) the Govt’s chosen lawyer from Trinidad (nobody closer was prepared to run the ridiculous arguments the Speaker wanted to run) was already the subject of criminal proceedings for witness interference, and was arrested just before the final hearing for money laundering and corruption. Does not bode well for the Govt to be choosing lawyers charged with criminal offences to act for it. Oh dear, oh dear, oh dear.
      I don’t think that the Govt tried to stop Mark’s lawyer from coming in, but Patrick couldnhave won the case with his eyes closed.
      Oh dear, oh dear, oh dear.
      • @ abc123 (04/05/2019, 19:18) Like (1) Dislike (6) Reply
        Sound so silly and hateful I just hope the esteemed speaker got the balls to appeal

        In fact I will be very disappointed if government do not appeal

        Hope you say the same thing when they arrest mvw for fraudulent criminal behavior over the wall
    • HAHA (04/05/2019, 17:57) Like (13) Dislike (4) Reply
      @totally lost, a single person is chosen by the "politically elected" government to be the Chief Immigration Officer who currently has the power to permit any person to land and remain in the territory at his discretion. The unelected governor has the power to deport any person that is not a BVIlslander who commits a crime. The chief immigration officer and governor are both single individuals with the power that you are so afraid of yet you sleep comfortably every night. You are not really outraged you are just simply outrageous.
  • i from here (04/05/2019, 19:19) Like (4) Dislike (3) Reply
    Esteemed speaker we still with you
  • Yet (04/05/2019, 22:37) Like (1) Dislike (1) Reply
    Still no permanent residency for those here a decade so we keep losing out as our business goes to cayman, Hong Kong, guernsey, USA.
  • Lord o (05/05/2019, 00:43) Like (2) Dislike (1) Reply
    Vincent is a good man. He will always use wisdom.. However I see labour as more problems and issues that affect people's live.. Some crazy in humane laws need addressing.. 1/ why an employer can send home employees for 3 months without pay yet still have those employees on their books as employees subject to all their rules and policies.. Don't make sense. I would suggest that law be changed to compensate employees 7 days for each month they are home and give the employees a month notice of their job status not as they returned to work after the 3 months just to be sent home... Not good.. Not nice.. Not right.. 2/ Salary workers / managers/ supervisors who are allow to work 6 -;7;days every holiday because of their responsibilities a salary in excess of 34 thousands annually starting from the bottom up... Not as it is now where they give you a title a small salary work you 6-7 days a week every holiday because they say they are operating within the law..Sometimes as a manager or supervisor if you were getting minimum wage and pay for all your hours and holidays you will end up with more than your little monthly salary... Serious matters. That need addressing..
  • HAHA (05/05/2019, 08:07) Like (0) Dislike (12) Reply
    rasta law II?
  • former Miss BVI (06/05/2019, 09:32) Like (1) Dislike (1) Reply
    Hon. Wheatley...... Please sign the work exemptions for persons who are married to BVI Islanders. Why does it have to take so long? and yes I'm a citizen pleading for my fellow BVI citizens. Every month you go and ask a question. There's another story.


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