Chief Justice Narinder Hargun has determined that non-Bermudians who are “deemed to belong” to Bermuda are eligible to represent the country internationally. Previouisly, only persons holding Bermudian status and “deemed” Bermudians were considered eligible.
The case was brought by two junior athletes and supported by the group Equal Opportunities in Sport, and highlighted the fact that Bermuda’s constitution defines all those who “belong” to Bermuda as those holding Bermudian status, naturalised British Overseas Territories citizens, their wives and children under the age of 18.
Reacting to the ruling, Nick Williamson, spokesman for Equal Opportunities in Sport, said he hopes the judgment will be welcomed by the Bermuda Olympic Association (BOA) and the governing bodies of all sporting federations in Bermuda. It is hoped that the wider recognition for national sports selection will create a wider pool of potential athletes and will lead to even greater sporting success for the territory.
“We hope that this ruling will encourage sporting federations and the BOA to recognise the positive benefits of an expanded talent pool and the longer-term benefits to the whole community in developing and retaining active sportsmen and women in Bermuda.”
Nick Williamson, spokesman for Equal Opportunities in Sport
Minister of National Security Wayne Caines, has noted that the judgment will be reviewed against the background of best practice in the making of immigration policy “which requires fairness, the protection of Bermudian rights and a system that reflects the expressed will of the people of Bermuda”.
The judgment of the Chief Justice follows a Court of Appeal decision from 2016 that confirms Bermudian and non-Bermudian “belongers” should be treated equally in terms of employment restrictions, owning shares in a local company and acquiring land in Bermuda without restriction on the same basis as Bermudians.
Wayne Caines, the Minister of National Security, the ministry responsible for immigration, added: “This judgment will be reviewed against the background of best practice in the making of immigration policy which requires fairness, the protection of Bermudian rights and a system that reflects the expressed will of the people of Bermuda.”
The judgment of the Chief Justice follows on the heels of a Court of Appeal decision from 2016, confirming that Bermudian and non-Bermudian “belongers” should be treated equally in terms of employment restrictions, owning shares in a local company and acquiring land in Bermuda without restriction on the same basis as Bermudians.
