Government appeals TCI Constitution defeat

The decision of the TCI Supreme Court (March 2023) on requested declarations as to breaches of rights protected by TCI Constitution under Sections 7 (equality before the law), 9 (private and family life) and 16(3) (protection against discrimination on the basis of sexual orientation) is kept on the front page of newspapers in the jurisdiction by confirmation of the Government’s intention to appeal. The succesful claim was on behalf of a same-sex couple seeking a spousal exemption from the need for a work permit under immigration legislation.

Tim Prudhoe led a team from the firm in the proceedings.

In that decision now appealed, the Court granted the declarations sought under Sections 9 and 16(3). But it did not deal with Section 7. Because of the absence of a decision on Section 7 claim and also the Court’s refusal to use powers Section 21(2) by which to change the relevant parts of the immigration law, the same-sex couple have already appealed by the time that the Government appeal was filed. The firm is instructed in the appeal.

Parts of the Government’s Notice of Appeal that have been reprinted in the media. By which it is made clear to the public generally that the Government rely in their appeal on arguments of public morality and “sound Christian culture, values and principle” as it relates to marriage and same-sex relationships. (17.4.24)

The same-sex couple prefer to progress the claim in the Court of Appeal, rather than the media. An initial hearing in the appeal is scheduled for 25 April.