(CMR) A man who applied for permanent residency in the Cayman Islands as the surviving spouse of a Caymanian after his wife died last year was granted leave to file for judicial review of Workforce Opportunities and Residency Cayman's (WORC) decision to deny his application.
Howard Antony Barrocks is seeking to set aside the decision on the grounds that it was unlawful, irrational, disproportionate, and unreasonable. He said the decision to deny him was made without the opportunity for recourse.
According to the judgment published on 12 June, Barrocks was married on 24 June 2021. His wife, who passed away on 14 April 2023, was Caymanian. On 12 July 2023, Barracks submitted an application for Permanent Residency under section 28 (8) of the Immigration (Transition) Act (2022 Revision) on the ground that the marriage had subsisted for less than seven (7) years, and he was a surviving spouse of a Caymanian.
On 19 December 2023, Barrocks was notified by letter that the Director of WORC had refused his application for permanent residency. The letter of refusal stated that his marriage was not intact at the time of his wife's passing.
In his affidavit in support of the application, Barrocks states that his marriage was intact immediately before the death of his wife. He referred to his support of his wife while she was still in hospital in Miami.
He said it was a week after his wife's death that he found communication to WORC on her computer, in which she relayed several false information about him.
“No one contacted me from WORC and gave me a chance to hear my side. When I made my application for the spouse of a deceased Caymanian, they refused the application without talking to me,” Barrocks said.
Justice Marlene Carter, in her judgment, stated that Barrocks has satisfied the Court that there is an arguable case that the Decision was unreasonable since he was not given an opportunity to be heard.
The Decision, the nature of which will affect his ability to work and remain on the Islands, was made without recourse to him and so without having taken into account matters which may have been relevant to the Director’s ultimate determination. The case is not one that is obviously untenable, vexatious or frivolous.
CMR understands that the application was denied on the basis that the relationship between the parties was no longer in tact because the wife had begun divorce proceedings before her death. There were also allegations of physical abuse.
Tune into Tuesday's TCHT to get the full details.
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