Thursday 16 November 2017

Famous Antiguan cases - Margetson v The Attorney General

I decided to start a new project. I had set up a blog ages ago but hardly use it. With new zeal and a little effort I am going to talk about .... surprise surprise .... law.  I think it would be great to start talking to the public about some of the Antiguan court cases that have wide significance. 
The first case in the series is that of my Godfather, the late Robert "Bobby" Margetson.
Bobby was a well known radio and tv personality in Antigua in his day. He is fondly remembered as the host of the "Top of The Form" show. Less well known is that there was an attempt to deport him from Antigua in 1966.
Bobby was born in 1928 in what was then the "Presidency" of Montserrat. His father, a medical doctor, moved to Antigua in 1947 and Bobby re-located to Antigua in that year. He became a civil servant but the restlessness which would characterise his life led him to study in England in 1956. There he married and started a family. In 1965 his wife and family moved to Antigua. He joined them the next year but continued to move  in and out of Antigua without any restrictions or the need for a work permit.
During the Christmas season of 1966  the authorities informed him that he could stay in Antigua until February 1967 but not beyond then; he was also told that he needed a work permit in order to work in Antigua. He applied for the work permit and the application was denied.
Bobby retained the late Sydney Christian who immediately filed a constitutional claim in the High Court. 
The case eventually went to the Court of Appeal and the Court had no difficulty concluding that the actions of the authorities were unlawful and that they had no right to impose restrictions on his movements. 
The case is still significant today. The powers available to the immigration authorities must be used for a lawful purpose. Anything less does not belong in a democratic society.
More to come.