AME Church and Reverend Tweed win application for judicial review against Minister’s work permit refusal

There is fairly thorough coverage of this story on both the Royal Gazette and Bernews, which I do not propose to repeat.

The judgment is available online (although not yet on the Court’s website).

Leaving aside the legal details, I was struck by the Applicants’ Counsel ambitious attempt to draw a comparison between Reverend Tweed and Thomas a Becket, on the one hand, and the Minister and Henry II, on the other! The Judge described Counsel’s opening submission in the following colorful terms:

No modern administrative court would have let Henry II determine any rights of Thomas a Beckett after he asked who would rid him of that turbulent priest. So, too, should openly expressed bias, bias expressed even in the House of Assembly disqualify the Minister of Home Affairs…having anything to do with determining the rights of Rev Genevieve-Tweed…”

Although the judgment obviously represents a successful outcome for the Applicants, it does not appear as if Kawaley CJ was willing to go so far as to make a finding of ‘actual bias’, contrary to this opening argument…

and nor did he make a finding of ‘apparent bias’, preferring, instead, to focus on procedural and administrative errors in his resolution of the application…


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