Governor bans minister from issuing visa waivers

Anguilla's British appointed Governor Alistair Harrison has told Home Affairs Minister Walcott Richardson that he should immediately stop issuing visa waivers to persons after indicating that known criminals had benefited from the initiative.

"I have become concerned that the Minister's practice of issuing visa waivers, which is not permitted under the Immigration and Passport Act and hence an abuse of his office, is threatening the security of Anguilla in a number of ways," Harrison said in a statement.

There has been no public response from either Chief Minister Hubert Hughes or Richardson who have beenat odds for some time with the British government representative who has made claims of 'misconductin public office' by the local government minister in the past.

stop issuing visa waivers

Harrison said he was also instructing the permanent secretary in the Ministry of Home Affairs and his staff to immediately stop supporting the issue of any visa waivers by the Minister. He said similar instructions had been handed down to the chief immigration officer.

Harrison said that "some of the waivers have been issued to known criminals; some to persons who have entered Anguilla with possible criminal intent ... and there is a risk that some may have been involved in human trafficking, or may be seeking refugee status".

Harrison said that the normal procedure for persons wanting to enter Anguilla, who are nationals of countries requiring visas, is that they apply for a visa to the nearest British Embassy or High Commission wherethe appropriate checks are conducted and the request then sent to the Anguilla Immigration Department for a decision.

"That decision is, according to the law, for the Chief Immigration Officer to make, not the Minister of Home Affairs. Honourable Richardson's practice has enabled several persons to enter Anguilla without the necessary checks being undertaken by the Immigration Department."

The Governor said that the Executive Council drew up a policy for the issue of visa waivers some years ago, which allowed waivers to be issued by the Chief Immigration Officer in very limited and under clearly defined circumstances.

He said such waivers were for example representatives of a foreign government visiting Anguilla on official business and individuals granted work permits by the Government of Anguilla. Only a few such waivers are issued in a typical year.

Harrison noted that Richardson has issued over 300 waivers since his appointment in February 2010, and the vast majority of these are to nationals of a particular Caribbean country.

- CMC

"Most of these waivers fall outside the limited and clearly defined category outlined in the established policy circumscribing the grant of waivers by the Chief Immigration Officer," Harrison said.

He said Executive Council on Monday received a briefing on the crime and security situation in Anguilla from the Commissioner of Police, Rudolph Proctor, who explained in the link between visa waivers and possible criminal activity.

The Governor said following the Police Commissioner's presentation he presented proposals to Executive Council recommending that the practice of issuing visa waivers by the Minister of Home Affairs should cease, given the threat it presents to Anguilla's security.

"By a majority, the Ministers on Executive Council declined to accept my recommendations. I have therefore reluctantly concluded that I need to exercise my residual powers under the Constitution which enables me to issue directions to Ministers and public servants in matters affecting the security of Anguilla, for which I am responsible.

"These directions suspend the practice of the Minister issuing visa waivers. The Chief Immigration Officer can still issue waivers in accordance with the established policy, but must report them immediately to EXCO," Harrison said.

The Governor said that persons who have entered Anguilla on a visa waiver will be allowed to remain for the duration of the stay that has been allowed, but will not be able to extend it.

He said persons who are nationals of countries requiring visas to enter Anguilla and who are in possession of a visa waiver but have not yet entered Anguilla should apply for a visa from the nearest British Embassy or High Commission in the usual way.

- CMC