Barber loses fight against Immigration Appeals Tribunal Loop Cayman Islands

Black Immigrant Daily News

A barber/cosmetologist who argued that she should have been awarded more points for permanent residency has had her appeal against the Immigration Appeals Tribunal dismissed.

As outlined in the judgment delivered by Hon Mr Justice Alistair Walters on October 17, 2022, the barber submitted an application for permanent residency on March 29, 2018. However, on October 3, 2018, she learned that her application was unsuccessful as she was only awarded 76.5 points, failing to reach the minimum 110 points required for permanent residence.

It appears that the barber then tried to lodge an appeal, however, the Immigration Appeals Tribunal reportedly refused her request on the basis that she had no grounds for an appeal.

The barber challenged the decision of the Immigration Appeals Tribunal, saying that mistakes in law were made in not allocating points to her for her education and financial stability. In addition, she argued that that the decision of the Immigration Appeals Tribunal was unreasonable, and contrary to principles of natural justice.

While the court agreed that the Permanent Status and Residency Board and Immigration Appeals Tribunal failed to allocate sufficient points in relation to her financial stability and said she should have gotten 6 more points in this regard, the court found that “The licence issued by the Jamaican authority had expired a substantial period of time before the application was made for permanent residency and regardless of that, it does not appear to provide any evidence of a particular level of training or skill on the part of the Appellant.”

The court also agreed that the barber could not rely on a certificate issued by the Cayman Islands Government for attending the Health Education Training Course for Cosmetologists, Barbers and Hairdressers conducted by the Department of Environmental Health (“DOEH”) as the “DOEH does not appear to be a regulatory body.”

The court therefore did not agree that the barber should have been awarded more points for her education.

As to whether the Immigration Appeals Tribunal acted unreasonably, the judge said: “I do not find that the IAT has acted in a way that is close to “Wednesbury” unreasonableness and see no basis to remit this matter back for re-hearing. Therefore, the appeal is dismissed.”

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