Court orders GIS to grant Indian businessman temporal residence permit

Accra, A High Court in Accra has dismissed an application for abridgement of time and directed the Ghana Immigration Service (GIS) to grant the embattled Indian businessman a temporal residence permit.

This means that Mr Ashok Kumar Sivaram can go about to fight for his business and other legal matters before the court.

Mr Sivaram is, however, expected to go to the GIS Headquarters in Accra on Tuesday, August 29, this year at the Service’s Processing Section for examination and regularization of permits.

The court presided over by Mrs Justice Naa Adoley Addo opined that the country has an obligation to provide protection for genuine businessmen who may have their investments in the Ghana.

I want the applicant to acquire some legal status until the application for mandamus was heard else we will be sending signals to people that aliens are not being treated on humanitarian grounds, the court added.

Meanwhile, the court has scheduled September 8, to commence hearing of the writ of mandamus filed against the Ghana Immigrations Service.

On June 1, this year the GIS following an order by the Interior Ministry deported Mr Sivaram on the premise that he had forged his marriage certificate in an application for citizenship.

The Indian businessman therefore contested his deportation by filing a judicial review through an order of Certiorari.

Mr Justice Kweku Ackah-Boafo upheld the businessman’s application and quashed his deportation order on July 31, this year on the grounds that the Interior Ministry exceeded its jurisdiction.

Mr Sivaram was deported by the GIS on June 1, 2017, following an order by Mr Dery on the basis that he used a forged marriage certificate to support his application for citizenship.

Not happy with the deportation, lawyers for Mr Sivaram filed an application for judicial review by way of certiorari for the order to be nullified by the Accra High Court.

Mr Gary Nimako, counsel for the businessman argued before the court that his client had valid business/ residence permit prior to his arrest in June 1, this year.

According to Mr Nimako, his client has a valid application before another High Court over the valuation of his company.

Ms Jasmine Armah an Attorney from the Attorney General’s Office prayed the court to grant them ample time within the rules of the court so they could contest the writ of Mandamus.

Source: Ghana News Agency

   

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