The applications should have gone back to the  Commission

Dear H.E. Governor Deleeni Daniel – Selveratnam

As a concerned citizen of the Turks and Caicos Islands, I am writing to you regarding your decision to grant the Turks and Caicos Islander Status to 49 individuals. Let me say on the outset, I do not have anything personally against these individuals as I know some of these individuals and I believe some of them truly consider the Turks and Caicos their home and deserve the status. On the other hand, some of these individuals do not deserve the status. The granting of Turks and Caicos Islander Status is a matter of profound significance, as it defines not only the legal rights of an individual within our society but also their symbolic inclusion in our unique community.

I am not a lawyer, but I can read and understand properly and therefore can interpret the laws of this country just as any well-versed lawyer. With that said, I believe that you have acted contrary to the law of this country and the ruling of the court.

While you have the ultimate say in the granting of status, our law states that the Governor, based on the Commission’s recommendation, may grant Islander Status to those covered by subsections 2 to 7.  I know you may have a counter argument to say the word shall was not use. Although “shall” was not used, it is customary for the Governor to do so and it also a more transparent way of doing things. After all, what is the point of having a Commission.

Based on what I read, the court documents recommended sending the applications back to the Commission for reconsideration.

Now, according to your press release, the individuals applied between 2016 and 2018, their applications were reviewed in 2021 and subsequently denied.  You further stated that the Supreme Court ruled that the applications had to be reconsidered using the legal standards that were in place at that time they were originally evaluated. Governor, are you and the Supreme Court aware that the Commission was not operational until three years after these applicants submitted their applications?  Since when does one go retroactively and apply the law.

Furthermore, Governor, if that was the court ruling, then why did you not send these applications back to the Status Commission and give them an opportunity to review the applications based on the relevant legal standards. That would have been the right thing to do.  You said you made your decision based on legal advice. The same way the Judge claimed he does not have jurisdiction to call for fresh elections, then the court should not have any jurisdiction to give you the power alone to make that decision. The decision should comply with our law, based on the Commission’s recommendation.  Additionally, the Status Commission now consists of new members, and their decision may have different.  This suggests you assume we are all the same. What is added more insult to this decision making is that our Premier and his colleagues who have lived in this country for donkey years informed you that they opposed the grant to many of those people but yet you went ahead alone making the decision rather than going back to the Commission.

Please put a hold on the grant of these statuses and provide a detailed explanation of the criteria and due diligence used in the selection process.  Our people deserve the assurance that our national identity will not be diluted or disregarded without due and meaningful discourse. The fact of matter is not because someone has a PRC and has been in this country for many years mean they are automatically entitled to a Turks and Caicos Islander Status.  This is where the Turks and Caicos Islanders Commission comes into play. They will do their inquiries and due diligence. Given your two-year tenure and limited information about these individuals, making a decision without consulting the Commission is not in line with standard protocol or our law.

I am offended by the process because it seems to me that as soon as Turks and Caicos Islander does something which others think are contrary to the law, we are put before the courts and then we are considered corrupt. When a non-Turks and Caicos Islander appears to break the law, it is often deemed an interpretation issue, or they didn’t know.

Thank you for your attention to this matter. I trust that you will give the concerns of the Turks and Caicos Islanders the thoughtful consideration they deserve.

Drexwell Seymour

Cc: UK Foreign Office