Boulter's parents fight for Namibian permanent residence
Applications rejected
Harvey Boulter's parents say one of the reasons they wish to stay in Namibia is that the country's healthcare system is 'more responsive and affordable' compared to that of the United Kingdom.
“There is no timeline for when the criminal proceedings against Harvey [Boulter] will be concluded. The immigration board is attempting to keep us waiting indefinitely, unreasonably and unfairly, while we are frail persons in our eighties and very dependent on Harvey."
This is what Harvey Boulter's father, Eric Arthur Boutler (82), states in a High Court application he and his wife, Veronica (81), have filed against the chairman of the immigration selection board and the minister of home affairs and immigration.
This follows after the elderly couple – British citizens – had their application for permanent residence permits in Namibia rejected.
They were informed at the end of last year that their application was deferred pending the outcome of the criminal proceedings against Harvey.
In the Boulter couple's court application, they request that the decision be reviewed and set aside.
They also seek a court order compelling the immigration board and ministry to grant them permanent residency rights.
"We do not want our application to be referred back to the selection board for reconsideration. The selection board has proven that it has no intention of issuing permanent residence permits to us," claims Eric in his statement submitted to the court in December last year.
The parties appeared on Tuesday before Windhoek High Court judge Eileen Rakow for pre-trial proceedings.
‘Our rights’
The immigration board was initially dissatisfied that the couple had proven their intention to permanently reside in Namibia but, after the application for reconsideration, stated that their application must wait until the criminal proceedings against Harvey are concluded.
"In the unlikely event that Harvey is found guilty, the respondents can consider Harvey a prohibited immigrant, which, in turn, may impact our permanent residency status. However, until such an unlikely time that Harvey is found guilty, we cannot be deprived of our rights.
"They infringe upon and violate Harvey's constitutional right to be presumed innocent until proven guilty and strip away our rights as outlined in the law," reads Eric's statement.
Requirements
Eric further claims that, in terms of the law, there are certain requirements for an application to succeed and claims that they meet these requirements.
According to him, the law requires that an applicant, as in their case, prove that they are the elderly or infirm parents of a person who has permanent residency in Namibia, and that person must undertake in writing to take care of them.
"That in itself is sufficient to justify the issuance of a permanent residence permit," asserts Eric.
"It has become clear that the selection board is attempting to subject us to a variety of obstacles in order to cause delays and not approve our application," he argues.
Why Namibia?
Since Harvey's move to Namibia and his permanent residence permit being issued to him in 2017, his parents have visited Namibia regularly and gained the desire to stay in the country permanently.
Eric claims in his statement that Harvey takes care of his and his wife's medical needs and it is easier for them to do this in Namibia.
"We found that healthcare in Namibia is more responsive and affordable than in the UK."
"During our visits to Namibia, we came to appreciate both the Namibian people, the way of life and the different cultures."
Care
During the application process, the selection board asked for additional information from Harvey to prove that he can take care of his parents.
He informed them that he allegedly owns seven properties in the Am Weinburg Estate worth about N$50 million and has invested a further N$10 million in upgrading the properties.
He also gave evidence of the HB Family Trust, which in 2015 was believed to include assets worth $44 million.
– [email protected]
This is what Harvey Boulter's father, Eric Arthur Boutler (82), states in a High Court application he and his wife, Veronica (81), have filed against the chairman of the immigration selection board and the minister of home affairs and immigration.
This follows after the elderly couple – British citizens – had their application for permanent residence permits in Namibia rejected.
They were informed at the end of last year that their application was deferred pending the outcome of the criminal proceedings against Harvey.
In the Boulter couple's court application, they request that the decision be reviewed and set aside.
They also seek a court order compelling the immigration board and ministry to grant them permanent residency rights.
"We do not want our application to be referred back to the selection board for reconsideration. The selection board has proven that it has no intention of issuing permanent residence permits to us," claims Eric in his statement submitted to the court in December last year.
The parties appeared on Tuesday before Windhoek High Court judge Eileen Rakow for pre-trial proceedings.
‘Our rights’
The immigration board was initially dissatisfied that the couple had proven their intention to permanently reside in Namibia but, after the application for reconsideration, stated that their application must wait until the criminal proceedings against Harvey are concluded.
"In the unlikely event that Harvey is found guilty, the respondents can consider Harvey a prohibited immigrant, which, in turn, may impact our permanent residency status. However, until such an unlikely time that Harvey is found guilty, we cannot be deprived of our rights.
"They infringe upon and violate Harvey's constitutional right to be presumed innocent until proven guilty and strip away our rights as outlined in the law," reads Eric's statement.
Requirements
Eric further claims that, in terms of the law, there are certain requirements for an application to succeed and claims that they meet these requirements.
According to him, the law requires that an applicant, as in their case, prove that they are the elderly or infirm parents of a person who has permanent residency in Namibia, and that person must undertake in writing to take care of them.
"That in itself is sufficient to justify the issuance of a permanent residence permit," asserts Eric.
"It has become clear that the selection board is attempting to subject us to a variety of obstacles in order to cause delays and not approve our application," he argues.
Why Namibia?
Since Harvey's move to Namibia and his permanent residence permit being issued to him in 2017, his parents have visited Namibia regularly and gained the desire to stay in the country permanently.
Eric claims in his statement that Harvey takes care of his and his wife's medical needs and it is easier for them to do this in Namibia.
"We found that healthcare in Namibia is more responsive and affordable than in the UK."
"During our visits to Namibia, we came to appreciate both the Namibian people, the way of life and the different cultures."
Care
During the application process, the selection board asked for additional information from Harvey to prove that he can take care of his parents.
He informed them that he allegedly owns seven properties in the Am Weinburg Estate worth about N$50 million and has invested a further N$10 million in upgrading the properties.
He also gave evidence of the HB Family Trust, which in 2015 was believed to include assets worth $44 million.
– [email protected]
Comments
Namibian Sun
No comments have been left on this article