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30 August 2017

Court orders GIS to grant residence permit to Indian businessman

An Accra High Court has ordered the Ghana Immigration Service to immediately hand an Indian Businessman, Ashok Kumar Sivaram, temporary residence permit.

This was after counsel for the businessman, Gary Nimako accused the Immigration Service of dragging their feet in complying with an earlier order, after the Indian returned to Ghana.

Ashok Kumar Sivaram was deported on the orders of the Interior Minister, Ambrose Dery on June 1, 2017, after he determined on his own that the businessman had engaged in fraud.

Lawyers for the business man proceeded to court to challenge the deportation and won a judgment on August 1. The court said the Minister exceeded his jurisdiction when he accused and deported the businessman.

Ashok Kumar Sivaram returned to Ghana and proceeded to get a permit.

“They went to the Immigration office in the morning [and] they told him they were having a board meeting so he should come in the afternoon, they came back in the afternoon and were told to come in the evening”.

Jospeh Ackah-Blay reported, Ashok Kumar Sivaram came to the Immigration Service at 6pm to process his application but his application fee written on a cheque was declined.

Unhappy at what the businessman saw as unfair tactics, he proceeded to court seeking an order to direct the service to restore his permit.

At the court hearing Friday, the court demanded an explanation from the Attorney-General’s representative Jasmine Armah on the failure of the GIS to grant the aggrevied businessman a permit.

But she explained, the Indian businessman simply failed to show up on August 8, contrary to what his lawyers claimed.

Jasmine Armah pointed to the Comptroller- General, ‎Kwame Asuah Takyi as the state’s witness.

But after swearing an oath, the GIS boss was asked “did he ever appear before you”. Kwame Asuah Takyi responded, “yes he appeared’ contradicting the A-G.

Justice Naa Adoley ordered the GIS to hand the businessman a temporary residence permit.

The permit is temporary because the court has a substantive case filed by counsel for the businessman asking for a permit to make his stay permanent.

The court said a temporary permit is sufficient until the court gives judgment on the substantive case.

The court returns September 8, 2017.

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