Outcomes - Selected Case Summaries
Categories
PR fees refund requestion
Investigation | 16 September 2022
Ministry of Border Control and Labour
This complaint involved a married couple, one of whom had received Caymanian status just after their spouse’s annual permanent residency fees became due. The fees, totaling over $27,000, had already been paid and the complainants sought a refund of the “unused” portion of that payment. An application to Cabinet was made to have the fees refunded, but the Ministry stated that there was no provision in legislation to allow the refund of immigration fees already paid, except those paid for work permits.
Our investigation revealed that there is a provision in the Immigration Regulations allowing for individuals to apply to Cabinet to have immigration fees waived or reduced. However, the government has interpreted this to mean that a waiver or reduction of fees is different than a refund and, therefore, a refund could not be granted in any case - save for work permit fees which the Immigration (Transition) Act does allow in prescribed circumstances.
The Ombudsman issued the following recommendation in this case:
- The Ministry, together with the Cabinet and Legal Department, continue to review the current legislation relating to immigration fees, refunds and waivers with a view to providing clear processes for any applications requiring Cabinet’s involvement. Written guidance on the application process and on the types of fees that are non-refundable would be helpful.
The Ministry has sought to bring legislative change regarding this issue to the Cabinet and has submitted proposals to legal drafting for consideration in upcoming amendments to the Immigration (Transition) Act. As the matter is ultimately one for Parliament’s consideration, the Ombudsman adjudged that the Ministry had responded to the recommendations as best it can by having legislation drafted to address the refunds issue.