According to the court, presided over by Justice Naa Adoley Azu, after the quashing of the deportation order by the High Court, it was the responsibility of the Immigration and the Interior Minister to ensure the old order was restored which they failed hence her decision.
[contextly_sidebar id=”vKTe189HKRUX69cjgniIhyKiSx6IWjpb”]The judge also added that, proceedings in court also pointed out that, only a compelling order could get the respondents do the right thing.
Justice Azu further added that, her order should be complied with within seven days, explaining that the state authorities should desist from harassing Mr. Sivaram during the period.
An Accra High Court had earlier indicated that the Interior Minister breached the rule of natural justice by refusing to give the plaintiff a hearing after he had accused him of allegedly committing fraud.
The court on July 31, 2017, quashed the deportation of Mr. Sivaram by Ambrose Derry.
According to the court, the Interior Minister exceeded his jurisdiction by determining a fraud against the Indian Businessman without recourse to the court.
But Mr. Sivaram, since his return to the country, has not been given a visa despite a court order.
The Indian businessman has also petitioned President Nana Akufo-Addo to call the Minister of Interior and the Comptroller of the Ghana Immigration Service to order over what he termed as harassment by the aforementioned personalities.
Mr. Sivaram said he was constantly being harassed by officials of the Ghana Immigration Service, and he believes his frustrations are part of a grand scheme to transfer his interest in his company, Jai Mai Communications Limited, to his business partner.
The Comptroller-General of the Ghana Immigration Service, Kwame Asuah Takyi, has however rejected accusations that he is conniving with the Interior Minister to frustrate the Indian businessman.
Application for mandamus
In his application, which named Mr. Takyi and Mr. Dery as respondents, the businessman is prayed for the restoration of his residence and work permit, which was withdrawn by the GIS following his deportation on June 1, 2017, on the basis that his deportation was quashed by the High Court on July 31, 2017.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 the two, 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.’’
He therefore wants the court to declare the purported action by the GIS as “unfair, unreasonable and not supported by law’’ and order for the GIS to accept the money, and process his application for visa on arrival.
By: Fred Djabanor/citifmonline.com/Ghana