Ghana Immigration Service Defends Deportation Of Indian Businessman

The Ghana Immigration Service has defended its decision to repatriate an Indian businessman, Ashok Sivaram from Ghana.

According to GIS, Mr. Ashok was living in the country illegally because his work and residence permits had expired since December 15, 2017.

“The Ghana Immigration Service (GIS) on Sunday, the 11th of March 2018, repatriated Mr. Ashok Sivaram Kumar , an Indian businessman to his home country on the grounds of expiration of his work and residence permits.

“By section 20(1) of the Immigration Act, 2000 [Act 573], Mr. Ashok Kumar had over stayed his residence permit which expired on 15th December, 2017. This rendered his stay in Ghana illegal. Consequently, the Comptroller-General of Immigration, acting in accordance with Section 21 of the Immigration Act, 200 [Act 573] ordered his repatriation. Mr. Ashok Kumar has since been repatriated to his home country,” a statement signed by Head of Public Affairs at GIS, Supt. Michael Amoako-Atta added.

Background
The GIS, following an order by the Interior Ministry in June 2017, deported Mr. Sivaram on the premise that he had forged his marriage certificate in an application for citizenship, which led his lawyer to contest his deportation by seeking judicial review.

The High Court, which first heard the case, upheld the businessman's application and quashed his deportation order on July 31 on the grounds that the Interior Minister exceeded his jurisdiction.

The applicant, after the failure of the GIS to comply with the first order, sought an order from the court in September the same year to compel them to comply with the first order.

The High Court once again ordered the GIS to restore the Residence and Work Permit of Mr. Sivaram within seven days, and also ordered the GIS's assigns, agents and servants to desist from harassing him until his application before the Service was duly processed.

The GIS, represented by the Attorney General's office, after the second case, filed a stay of proceedings at the High Court which was subsequently dismissed.

They went ahead to appeal the ruling in the Court of Appeal which was also dismissed leading them to the Supreme Court.

The Supreme Court however upheld GIS’s position and quashed the ruling of the High court which had compelled the Immigration Service to restore the work and residence permits of Mr. Ashok Kumar.