Judge quashes decision that denied citizenship to Cuban doctor
--Munoz advised to re-apply for Guyanese citizenship
By George Barclay
Guyana Chronicle
November 14, 2003
HIGH Court judge Mr. Jainarayan Singh yesterday disclosed that under the Citizenship Act, Home Affairs Minister Ronald Gajraj had the final word in relation to the granting of citizenship to Cuban doctor Lazaro Osmin Munoz, or any other citizen.
Justice Singh pointed out that the decision by Home Affairs Minister Ronald Gajraj not to grant citizenship to the Cuban doctor by virtue of the doctor's marriage to a Guyanese woman was quashed, not because the Minister did not have the right to do so, but because the doctor was not given the reason for the refusal of his application.
The judge was critical of certain sections of the media, which he said gave members of the public the contrary or wrong information leading them to believe that the Minister was acting without authority.
According to Justice Singh, the doctor has the right to make another application, which must be reviewed by the Minister within a month's time.
In the meantime, the Court has made an Order to the effect that the Honourable Minister and/or his agent are prevented from making a Deportation Order in respect to Dr. Munoz until the hearing and determination of his application.
The application from Dr. Lazaro Osmin Munoz was for an order to quash the decision made by Minister of Home Affairs Mr. Ronald Gajraj for refusing to register him as a citizen of Guyana on the grounds that the said decision was unreasonable, arbitrary and in breach of the principles of natural justice.
The doctor had also sought an order compelling Mr. Ronald Gajraj to consider his application for citizenship in accordance with the law, in relation to article 45 of the Constitution of Guyana.
He had also asked for an order prohibiting the Minister from deporting him from Guyana.
Dr. Munoz was a member of medical team sent to Guyana by the Government of Cuba through a joint agreement. He was on contract to the Government of Cuba to provide medical service in Guyana for 24 months commencing May 17, 2000 and ending on May 30, 2002.
On December 13, 2001, Dr. Munoz was married to Ms Patricia Skerret, a citizen of Guyana, and on December 20, 2001, he submitted an application for consideration as a citizen of Guyana.
He was thereafter interviewed by Mr. La Rose, who was the Deputy Chief Immigration Officer.
Thereafter Dr. Munoz heard nothing.
On March 19, 2002, Dr Munoz he went to the Ministry of Home Affairs with his wife to enquire about the progress of the application. He was told by Mr. Kassim, an employee of the Ministry of Home Affairs, that the Hon. Minister had refused his application.
In his judgment, Justice Singh declared that it was after this incident that the doctor filed the motion for the orders sought.
The doctor was relying on Section 7 of the Guyana Citizenship Act Chapter 14:01 of the Laws of Guyana. According to that Act, "The Minister may if he is satisfied that the interest of National Security or Public Policy so requires, refuse to register as a citizen of Guyana any person to whom the proviso of Article 22 Subsection (1), 22, Subsection (4) of this Act refers."
But, according to the judge, the doctor was saying that none of those articles applied in his case.
The Honourable Attorney General relied on the Guyana Citizenship Act Chapter 14:07 Section 7 subsection (2) where it states that the Minister shall not be required to give any reason for the cause of any discretionary power conferred on him as to the registering of a citizen, naturalising or certifying the citizenship of any person.
The Attorney General had said that the mere fact of the marriage alone does not give the applicant the right to be registered.
The AG was also contending that the marriage of Dr. Munoz to the Guyana Citizen was bigamous because he was married in Cuba.
On the other hand, Dr. Munoz contended that he was married in Cuba but had divorced in Cuba. He tendered documents in support of his contention, the judge had said.
The AG contended that the documents were not properly stamped by the proper Cuban Authority. The AG also relied on a contention that Dr. Munoz had broken his contract with the Cuban Government and declared that to allow him to remain in Guyana would be contrary to the rules of public policy, and further would open the floodgates for persons, who seek refuge in Guyana by way of marriage.
During the trial, Mr. Kassim gave evidence for the State and produced a document written by Minister Gajraj, which document showed that the Minister had asked him to investigate and answer several questions.
The judge said that Mr. Kassim said he was able to get one answer.
Under cross-examination, Kassim admitted that the sole question he was able to answer related to the investigations about the marriage of Dr. Munoz in Cuba. The answer to that was that there was a distinct possibility that he was in fact divorced.
The applicant in his evidence stated that Dr. Walter Ramsahoye as President of the Medical Council had issued him a certificate to practise his profession in Guyana.
The applicant also said that Dr. Profitt of the Dolphin Centre had offered him employment as a medical doctor as well as Mr. Bertie Henry, Chief Officer of Davis Memorial Hospital.
Both off these bodies, Munoz said, had applied to the Ministry to grant the doctor work permits. There had been no reply from the Ministry, the applicant said.
The judge said that after hearing Counsel Mr. Roysdale Forde for the applicant, he made his decision.
Justice Singh stated that Section 7 Subsection (2) of the Guyana Citizenship Act would give the Honourable Minister of Home Affairs an unfettered right to refuse an application of this nature without giving reasons for such refusal.
He noted, too, that not giving the applicant the right to be heard and/or an opportunity to rebut any other reason for the refusal of his application would be contrary to the rules of natural justice.
The Attorney General's arguments were based on Public Policy and not a question of National Security.
The judge said, "I do not believe that in accordance with the laws of Guyana the decision of the Honourable Minister Mr. Ronald Gajraj cannot be challenged in this Court or any Court. The law is clear that his decision is final.
"Further, I do not believe that it was the intention of Parliament that the applicant's application, as in the present case, should be dismissed in a peremptory fashion as was done here.
"From the evidence before me, it would appear that from the evidence of Mr. Kassim that procedure used in the consideration of this application was haphazard and nebulous and it is this factor from which the applicant can seek redress in this Court.
"No reasons were given for the refusal of Dr. Munoz's application.
"In fact, no communication was sent to Dr. Munoz of the refusal or the reasons therefore.
"As a result, the applicant was not aware of the grounds of the refusal of his application and has not been given the opportunity to refute those grounds.
"If the Honourable Minister believed, (1) that the applicant's marriage was bigamous, or (2) he was in breach of his contract with the Cuban Government, (3) the duration of his stay in Guyana had expired, it is my view that the applicant should have been made aware of these grounds and given an opportunity to refute same.
"The Bench of Law in modern times has ruled consistently against the behaviour of those in authority against such methods of dismissing applications and claims.
"In the circumstances, it is the order of this Court that the decision of Honourable Minister of Home Affairs Ronald Gajraj to refuse to register the applicant as a citizen of Guyana is hereby quashed.
"It is further ordered, that the application of Dr. Munoz be reviewed by the Honourable Minister of Home affairs and that the Applicant Dr. Munoz be given an opportunity to present evidence in support of his application and to refute such findings as may be presented."
The judge granted one month for the Minister to review and conclude this application.
According to the judge, "It is also ordered that the Honourable Minister and/or his agent are prevented from making a Deportation Order in respect to Dr. Munoz until the hearing and determination of his application."
There was no Order as to costs.