Following the 2024 Supreme Court decision regarding 49 previously denied Islander Status applications, I wish to inform the public that I have granted Islander Status to the 49 individuals listed in Annex A.
Background
The individuals in question originally applied for Islander Status between 2016 and 2018. Their applications were reviewed by the Status Commission in 2021, at which point they were denied.
However, after legal challenges were brought forward, the Supreme Court found that the Status Commission acted outside of its jurisdiction by applying discretionary criteria. The Supreme Court ruled that the 49 applications had to be reconsidered using the legal standards that were in place at the time they were originally evaluated.
Reconsideration Process
The ruling of the Supreme Court confined the role of the Status Commission, in the reconsideration of the 49 applications, to whether the individuals met the statutory eligibility
requirements at the time of their original application.
In accordance with the Court’s ruling, I was required to consider each application fairly, without any presumption against a grant, and by applying the legislative regime that existed at the time of application. I also considered the applications on the basis that (a) there is no cap on the number of persons who may be granted Islander Status; (b) there is no points-based system under the prior legal regime; and (c) exceptional skills must be assessed as personal to the applicant and not by comparison to other applicants.
The Court further clarified that none of the considerations listed under section 4(7) of the 2021 Ordinance are prohibitive in nature. Accordingly, they do not serve as an automatic bar to the grant of Islander Status but are matters to which the Governor must have regard. The intention of the Ordinance was to create a pathway to Islander Status; not an impediment to its
achievement.
My Decision
As Governor, I am committed to upholding the rule of law and ensuring fair decision-making. After carefully reviewing the applications against the applicable legal framework and the legal advice received, I am satisfied that the 49 individuals listed at Annex A have met the requirements to be granted Islander Status.
Looking Ahead: New Legal Framework
In response to the Supreme Court’s ruling, a new legal framework, the 2024 Turks and Caicos Islander Status Act was developed. It introduces a points-based system for Islander Status
applications, providing a clearly defined and transparent process for the evaluation of future applicants by the Status Commission. It outlines exactly what can and cannot be considered in assessing eligibility, with the aim of protecting the integrity of Islander Status while ensuring that all applicants are evaluated within a fair, robust and lawful process.
