Narrative:

I was working the 'B' scope position at pbi approach when the incident occurred between an IFR and VFR aircraft. Although WX was not a factor; there were numerous cells affecting flight throughout the airspace. Where the incident occurred; it was not a factor. Aircraft Y (LJ30) on an IFR flight plan; had departed sua airport en route to bct airport at 5000 ft MSL. The pilot had inquired about a VFR ahead of him at 5500 ft from his TCAS. I issued the traffic which; at the time; was 12-15 mi ahead. I called aircraft X (C172) and issued the LJ30 traffic. During the transmission; I specifically instructed aircraft X not to descend until advised as the learjet would be overtaking him from below. I turned my attention to other aircraft in my sector. I looked back to these 2 aircraft; which were just now passing each other and observed aircraft X's mode C indicating 3500 ft. I asked the pilot to verify the altitude and he verified the altitude; 3500 ft. I asked the pilot something close to the following: 'did I not tell you to remain at 5500 ft until advised for traffic?' to this; the pilot responded; 'I descend to 3500 ft.' I asked the same question again; this time reminding him about his traffic; and once again the response was the same; 'I descend to 3500 ft.' the pilot of aircraft Y made no comment on the frequency. The pilot this day spoke very bad english in a foreign accent. Most times; in response to such an incident; these foreign pilots respond with the phrase; 'I am sorry.' in this case it sounded much more like 'he-did-what-he-did and I just had to accept that he-did-it.' this is very common in south florida with foreign pilots. I would like to add more but I would only be giving my opinion which I would rather reserve for another time.

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Original NASA ASRS Text

Title: PBI CTLR DESCRIBED CONFLICT AT 5500 WHEN VFR ACFT FAILED TO FOLLOW CLRNC AND DESCENDED THROUGH IFR ACFT ALT. LANGUAGE BARRIER CITED.

Narrative: I WAS WORKING THE 'B' SCOPE POS AT PBI APCH WHEN THE INCIDENT OCCURRED BTWN AN IFR AND VFR ACFT. ALTHOUGH WX WAS NOT A FACTOR; THERE WERE NUMEROUS CELLS AFFECTING FLT THROUGHOUT THE AIRSPACE. WHERE THE INCIDENT OCCURRED; IT WAS NOT A FACTOR. ACFT Y (LJ30) ON AN IFR FLT PLAN; HAD DEPARTED SUA ARPT ENRTE TO BCT ARPT AT 5000 FT MSL. THE PLT HAD INQUIRED ABOUT A VFR AHEAD OF HIM AT 5500 FT FROM HIS TCAS. I ISSUED THE TFC WHICH; AT THE TIME; WAS 12-15 MI AHEAD. I CALLED ACFT X (C172) AND ISSUED THE LJ30 TFC. DURING THE XMISSION; I SPECIFICALLY INSTRUCTED ACFT X NOT TO DSND UNTIL ADVISED AS THE LEARJET WOULD BE OVERTAKING HIM FROM BELOW. I TURNED MY ATTN TO OTHER ACFT IN MY SECTOR. I LOOKED BACK TO THESE 2 ACFT; WHICH WERE JUST NOW PASSING EACH OTHER AND OBSERVED ACFT X'S MODE C INDICATING 3500 FT. I ASKED THE PLT TO VERIFY THE ALT AND HE VERIFIED THE ALT; 3500 FT. I ASKED THE PLT SOMETHING CLOSE TO THE FOLLOWING: 'DID I NOT TELL YOU TO REMAIN AT 5500 FT UNTIL ADVISED FOR TFC?' TO THIS; THE PLT RESPONDED; 'I DSND TO 3500 FT.' I ASKED THE SAME QUESTION AGAIN; THIS TIME REMINDING HIM ABOUT HIS TFC; AND ONCE AGAIN THE RESPONSE WAS THE SAME; 'I DSND TO 3500 FT.' THE PLT OF ACFT Y MADE NO COMMENT ON THE FREQ. THE PLT THIS DAY SPOKE VERY BAD ENGLISH IN A FOREIGN ACCENT. MOST TIMES; IN RESPONSE TO SUCH AN INCIDENT; THESE FOREIGN PLTS RESPOND WITH THE PHRASE; 'I AM SORRY.' IN THIS CASE IT SOUNDED MUCH MORE LIKE 'HE-DID-WHAT-HE-DID AND I JUST HAD TO ACCEPT THAT HE-DID-IT.' THIS IS VERY COMMON IN SOUTH FLORIDA WITH FOREIGN PLTS. I WOULD LIKE TO ADD MORE BUT I WOULD ONLY BE GIVING MY OPINION WHICH I WOULD RATHER RESERVE FOR ANOTHER TIME.

Data retrieved from NASA's ASRS site as of May 2009 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.