Bermuda Supreme Court: Act Provides Basis For PRC Holder To Apply For Bermudian Status

The Supreme Court of Bermuda handed down a decision on 2 May 2014 which has ramifications for PRC holders who were ordinarily resident in Bermuda on 31 July 1989.

The decision involved a British national and a Portuguese national (the "Respondents") who had been issued Permanent Resident Certificates by the Minister of Home Affairs (the "Minister") and were naturalised as British Overseas Territories Citizens by the Governor. The Respondents each applied formally for Bermudian Status under Section 20B of the Bermuda Immigration and Protection Act 1956 (the "Act") each of which was refused by the Minister on the sole ground that Section 20B(2)(b) required the Respondents to have been approved for the grant of Bermudian status at the time of the granting of their certificates of naturalisation.