The Minister of Home Affairs and another (Respondents) v Barbosa (Appellant) (Bermuda)

Section 11(5) of the Constitution of Bermuda provides an exhaustive definition of persons who belong to Bermuda; Mr Barbosa does not fall within any of the defined categories and has no relevant common law or international law right to belong to Bermuda.

Citation: [2019] UKPC 41
Parties: Appellant: Michael Barbosa; Respondents: Minister of Home Affairs and another
Jurisdiction: United Kingdom
Judgment Date: 11 November 2019
Procedural Posture: Constitutional Appeal / Final Appeal Before Privy Council
Outcome: Appeal dismissed
Legal Topics: Right of Abode, Freedom of Movement, Bermudian Status, Interpretation of Constitutional Provisions

Constitutional Law Immigration Law Right of Abode Freedom of Movement Bermudian Status Interpretation of Constitutional Provisions

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Parties

Michael Barbosa

Appellant

Minister of Home Affairs and another

Respondents

Procedural Posture

Constitutional Appeal / Final Appeal Before Privy Council

Legal Issues

1 Whether Mr Barbosa possesses a common law right to belong to Bermuda
2 Whether section 11(5) of the Constitution provides an exhaustive definition of persons who belong to Bermuda
3 Whether international law principles regarding right of entry for nationals apply to Bermuda

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

No declaration granted to Mr Barbosa as a person who belongs to Bermuda for constitutional purposes