Indian Businessman Deported

The Ghana Immigration Service (GIS) has deported embattled Indian businessman, Ashok Sivaram Kumar, following the “expiration of his work and residence permits.”

According to the GIS, the Indian national had overstayed his residence permit, which expired on December 15, 2017, therefore, rendering his stay in Ghana illegal.

A press statement signed by Superintendent Michael Amoako-Attah, Head of Public Affairs at the GIS, indicated that his continued stay in the country after the expiration of his permit, is inimical to the “security of the country.”

It reiterated the commitment of the GIS to continue to perform its lawful mandate and ensure that the business environment is serene for all legitimate expatriates to conduct their businesses.

The Supreme Court last week quashed the decision of an Accra high court, presided over by Justice Naa Adoley Azu, that ordered the Comptroller-General of the Ghana Immigration Service (GIS) to restore the work and resident permits of Ashok Kumar Sivaram.

The apex court’s decision follows an application for certiorari filed by the Attorney-General’s Office, which contended that the court had no jurisdiction to grant an order of mandamus filed by the businessman. The lower court sought to declare the revocation of his work and resident permits illegal.

In the opinion of the Supreme Court, the high court wrongfully assumed jurisdiction in granting the order of mandamus without giving the Minister of the Interior the opportunity to look into the issue.

Background

The Ghana Immigration Service revoked the resident and work permits of Ashok Kumar Sivaram after he had been deported by the Interior Minister, Ambrose Derry.

Not satisfied with the decision, he went to court and an Accra high court, presided over by Justice Ackah Boafo, quashed his deportation order on the grounds that the minister exceeded his powers in determining fraud against the businessman without recourse to the court.

Sivaram then filed a mandamus application at another high court seeking an order to compel the GIS to restore his work and resident permits.

 

BY Gibril Abdul Razak

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