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Oct 03, 2008 News
…Dr Cheddi Jagan blamed for blocking work permit
The High Court has ruled in favour of Colombian National, Ruben Dario Mercado Navas, who moved to the courts after being denied his Stay/Work Permit/Multiple Entry Business Visa.
Justice William Ramlal yesterday made absolute several orders that he had previously granted.
The Judge ordered a Rule Nisi of Certiorari quashing the decision of the Chief Immigration Officer and/or the Permanent Secretary, and/or the Head, Immigration Support Services, Ministry of Home Affairs, made on February 28, last, refusing to grant an extension of stay/work permit/Multiple Entry Business visa to Navas, a dental surgeon, on the grounds that the said decision unfairly disappoints his legitimate expectation, is biased, made in bad faith and based on irrelevant and improper considerations and is unreasonable, arbitrary, capricious, mala fide, contrary to the principles of natural justice, unlawful, ultra vires, null, void and of no legal effect.
It was also ordered that a Rule Nisi of Prohibition directed to the Chief Immigration Officer and his servants and/or agents restraining him and his servants and/or agents from taking any steps or measures or any action whatsoever under the Immigration Act, Chapter 14:02 of the Laws of Guyana towards detaining, expelling or deporting the Applicant from Guyana as a prohibited immigrant.
Additionally, a Rule Nisi of Mandamus compelling the Chief Immigration Officer and/or the Permanent Secretary, and/or the Head, Immigration Support Services, Ministry of Home Affairs, to grant Navas an Extension of Stay/Work Permit/Multiple Entry Business Visa for a period of three years.
The orders were made absolute after Justice Ramlal heard from Navas’s attorney, Anil Nandlall and the respondent.
Navas’s affidavit insinuated that his being refused his Stay/Work Permit/Multiple Entry Business Visa was the work of his former employer, Dr. Cheddi B. Jagan Jnr.
In his affidavit in support, Navas, of 219 Camp Street, said that he is a citizen of Colombia and the holder of a Colombian passport, and that he is a qualified and certified Dental Surgeon, engaged in the practice of dentistry since 1996.
According to the affidavit, whilst in Colombia, Dr. Cheddi B. Jagan Jnr. contacted him and offered him a job at his dentistry clinic based on a recommendation of one of Navas’s friends, who was at that time employed by him.
As a result, it added, Navas travelled to Guyana some time in March, 2003, and on June 1, 2003, entered into a written contract of employment with Dr. Cheddi B. Jagan Jnr. for a period of three years.
The affidavit stated that by a letter of resignation dated October 3, 2005, Navas resigned his employment with Dr. Cheddi B. Jagan Jnr.
“Upon receiving my notice of resignation, Dr. Cheddi B. Jagan Jnr. threatened me that if I left his employ, I would not be able to work in Guyana again; that he would go to his cousin, Dr. Clive Jagan, the Chairman of the Dental Council of Guyana, to revoke my registration as a dental practitioner,” Navas Contended.
The document said that on September 15, 2005, Navas entered into a contract of employment with the Government of Guyana to perform the duties of a Dental Surgeon in Region 4.
“It was from this moment that I started encountering problems with protecting and safeguarding my employment in Guyana and with registering as a dental practitioner with the Dental Council of Guyana.”
According to Navas, on November 3, 2005, he commenced performing his contractual duties with Region Four at the Grove Health Centre and on November 18, 2005, his employment was arbitrarily terminated.
On November 28, 2005, he said, he received a letter dated November 21, 2005, from the Dental Council of Guyana, signed by the Chairman of the Dental Council of Guyana, Dr. Clive R. Jagan, informing him that his registration to practice dentistry in Guyana was revoked.
“No good reasons were advanced for the revocation of my registration; neither was I afforded a hearing in respect thereof; additionally, a complaint was made by Dr. Cheddi B. Jagan Jnr. and adjudicated upon by his cousin, Dr. Clive Jagan, as Chairman of the Dental Council and therefore the decision to revoke was tainted with bias.”
As a result, Navas challenged the said decision by legal proceedings.
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