Court to hear case filed by Indian businessman on September 18

An High Court in Accra will on September 18 hear an application for mandamus filed by Mr Sivaram, who was deported from the country on June 1, 2017.

In his application, which named Mr Takyi and Mr Dery as respondents, the businessman is praying for the restoration of his residence and work permit, which was cancelled by the GIS following his deportation on June 1, 2017, on the basis that his deportation was quashed by the High Court on July 31, 2017.

He is also praying for an order restraining Mr Takyi and Mr Dery, their agents, servants or anyone acting on their authority from “making any attempt to deport him from Ghana’’ or “harassing him until his application is determined’’.

Mr Sivaram claimed that the GIS had refused to accept the money he paid as the requisite fee for his application for visa on arrival which he claimed was “a deliberate attempt to decline his application’’.

The court presided over by Mrs Justice Naa Adoley Addo last week ordered the Ghana Immigration Service (GIS) to give the applicant a temporal resdient permit to allow him a legal status until the determination of the case. On the day she said that the country had 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,” she had said. However, appearing in court today, Ms Jasmine Armah an Attorney from the Attorney General’s said who represented the respondents said, the GIS there was nothing like a temporary visa hence their failure to issue it.

They also told the court that they had issued the businessman a passport retention slip, which gives him a legal stay in the country while they deal with his application for a permanent visa. However, lawyer for the Indian businessman refuted the submission by the respondents and argued that his client applied for a permanent visa.

She explained that the GIS gives foreigners’ permit ranging from six months to five years and the applicant paid an amount of $500USD for a six month temporal permit.

The presiding judge, Naa Adoley Azu, after hearing the submissions of both parties, said she erred in striking out an application for an abridgement of time at the last hearing. She also expressed her disappointment and displeasure at what she described as ‘’giggling’’ on the part of Ms Jamine Armah when the court was still in session.

Angered by that she ordered her to apologise and cautioned her to treat the case with all seriousness. According to the judge the case pending is not a funny one because a foreigner businessman has sued the state over his deportation.