Immigration officers want warning letters on Venezuelan VP Delcy expunged from files!
The above headline prompted consideration of the circumstances as articulated by the Sunday Guardian of May 24, 2020. It was reported that days after the Chief Immigration Officer Charmaine Ghandi-Andrews had issued letters to her officers “warning” that severe penalties can be imposed if they are found distributing sensitive and confidential information, the officers are demanding the letters be expunged from their files.
The CIO referred to section 41(1) of the Immigration Act which says in effect every person who being an immigration officer or any other employee makes or issues false documents, agrees to accept any bribe forsakes his duty and an immigration officer or any other employee who violates a provision of the Act or regulations or induces another person to do so is liable to on summary conviction for a first offence to a $1,000.00 fine and 12 months imprisonment.
On any other summary conviction such person is liable to a $2,000.00 fine and 18 months imprisonment. Further on conviction on indictment for a first offence, such person is liable to $2,000.00 and imprisonment of 18 months. Any subsequent similar offence attracts liability of $4,000.00 and 2 years imprisonment. Any indictable offence under this section shall not commence without the fiat of the Director of Public Prosecutions.
As such Immigration Officers and employees of the Immigration Department have nothing to worry about, since they are simply being asked to carry out their jobs under the same guiding principles of integrity and honesty. Provided they step out of line, I believe we could all agree they should face the consequences.
Anyone can also agree that where opportunities exist for other organisations to possess the disputed information, which is the subject of the letters, there should be a thorough investigation to unearth the true perpetrator/s.
Therefore, the cry for the letters to be expunged by Immigration Officers may be a bit premature, since based on the article, the letters which were issued do not amount to warning letters. Those letters would fall into the category of letters of notice. Immigration Officers and employees are being reminded of their obligations like any other employee who agrees to work with an organisation.
CAYaw
Attorney-at-Law
via email