[2018] CCJ 13 (AJ)
[22]
Finally, the court prohibited the EBC from using the purported ‘long-standing
policy’ to register Commonwealth citizens as electors only if they were either
citizens of Barbados or in possession of a Permanent Resident Permit or an
Immigrant Status Permit. The court held that the policy was ultra vires and void
and the EBC must only apply the qualifications set out in sections 7 and 11 of the
Act.
Appeal to CCJ: Grounds of Appeal
[23]
Professor Ventose is now appealing to this Court on a number of grounds, namely
that he had standing under s 6(a) of the AJA and, having satisfied the requirements
under section 7 of ROPA, he was entitled to be registered as an elector, so that an
order of mandamus should be issued to ensure his registration in time to be on the
register of electors entitled to vote in the 24 May 2018 General Election.
Discussion
[24]
There are three main issues for this Court’s consideration:
(i)
Does Professor Ventose have standing in accordance with s 6 (a) of the AJA
as adversely affected by an administrative act or omission?
(ii)
Do persons have a right to be registered if they satisfy the requirements for
registration as an elector in the Act and the regulations?
(iii)
Costs.
Locus Standi
[25]
Pursuant to section 3(1) and section 6(a) of AJA, an application to the court for
relief from an administrative act or omission may be made by way of an application
for judicial review and the court may grant relief to a person whose interests are
adversely affected by an administrative act or omission. The CEO argued, and the
Court of Appeal agreed, that Professor Ventose had no standing to bring a claim
for judicial review as there was no administrative act or omission as required by
section 6 of AJA. Counsel for the CEO argued that the claim had yet to be
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