👨‍⚖️ IAT chair to step back from PR and status appeals

Steve McField, the chairperson of the Immigration Appeals Tribunal (IAT), is expected to recuse himself from any appeals related to decisions made by the Permanent Residency and Caymanian Status Board between October 2021 and September 2023. This is due to his previous role as chair of that board. The number of Permanent Residency (PR) applications decided under the points system during this period is currently unknown, as the board did not meet regularly. There have been concerns about potential conflicts of interest for McField in his new role, which could lead to further delays in the appeals process. 🏛️

However, Wesley Howell, the chief officer in the Ministry for Border Control and Labour, has clarified that McField will not have to chair the IAT for appeals relating to PR or status. The IAT can operate in up to six distinct divisions simultaneously, each led by either the chairperson or a deputy chairperson and at least two other members. Howell noted that McField, as a member of the Cayman Bar, would be expected to recuse himself from any appeal in which he was previously involved. The IAT has seen an increase in workload since foreign nationals were allowed to stay in the country for up to ten years, leading to more people becoming eligible to apply for permanent residency. 📜

The change in legislation has led to a surge in applications, but not all have achieved the 110 points required to qualify. Many who have been refused residency due to insufficient points have launched successful legal challenges against the lack of transparency and potential unconstitutionality of the points system. With a backlog of over a thousand people waiting on PR and a government crackdown on sham marriages, there are concerns that the entire process could present a significant legal challenge for the government in the near future. ⚖️