Thu | Oct 3, 2024

Immigration officer off the job since 2022 seeking to have interdiction quashed

Published:Thursday | October 3, 2024 | 12:21 PM
Senior is seeking declarations that the decision by the respondent to place him on interdiction is procedurally improper and irrational.

Immigration officer Kenton Senior, who has been off the job since July 2022 when he was placed on interdiction, is seeking to have the order quashed.

An application for leave to go to the Judicial Review Court was heard eight months ago in the Supreme Court but the judge is yet to hand down the ruling.

The respondent is Joan Guy-Walker, Director of Human Resources at Passport, Immigration and Citizenship Agency (PICA).

Senior, in a claim filed in the Supreme Court, is seeking a declaration that the respondent is not empowered by law to place him on interdiction.

He contends that under the Proclamation Rules and Regulations, the delegation of functions (Public Service) Order 2007 only the Chief Executive Officer of PICA is empowered by virtue of the said proclamation to place him on interdiction.

Senior is seeking declarations that the decision by the respondent to place him on interdiction is procedurally improper and irrational.

He outlined in his application that he was at work on July 26, 2022, when he was summoned to the office of the respondent.

He was shown a document and instructed to read it but he refused and insisted that the respondent explain to him the nature of the document.

The respondent then informed him that he was being placed on interdiction.

He stated that no reason was given to him for that course of action.

He left the office to seek legal advice and when he returned to work the next day, he was declined entry to the building. 

He subsequently gained entry with the assistance of a colleague.

While working at his desk, he was summoned by the respondent and reminded of the interdiction.

Senior said he was given no reason for the interdiction and was placed on three quarters pay to await proceedings against him.

On July 12, 2023, he said he was furnished with a document by the respondent purporting to contain further charges against him in relation to his department and Senior claimed that he was not aware of any of the charges or the factual circumstances that gave rise to them.

The letter in July 2012 referred to alleged events on social media and the letter of July 12, 2023 referred to charges against Senior involving alleged incidents at PICA as well as a charge of alleged negligence in which it is alleged that he acted in a manner that brought the government or the public service into disrepute.

He was given 14 days to respond to the charges in writing.

Senior, who is being represented by attorney-at-law Hugh Wildman, has denied committing any of the charges outlined in the letters and has described the interdiction and the charges as acts of illegality.

- Barbara Gayle

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