Latest update January 18th, 2025 7:00 AM
Birth certificate case… Top Cop gets 10 days to reply
Attorney-at-law Saphier Husain-Subedar
Chief Justice Ian Chang yesterday granted the attorney representing Chief Immigration Officer, Commissioner of Police (ag) Seelall Persaud, ten days to file an affidavit in response to a nisi order, which was brought against him by prominent city lawyer, Saphier Husain-Subedar.
The court order is as a consequence of a decision by the Government to ask first-time passport applicants to present a birth certificate issued within the last six months.
The lawyer, Saphier Husain-Subedar, has taken the Chief Immigration Officer to court asking that the decision to refuse birth certificates older than six months be overturned.
Husain-Subedar said that he decided to file the case after he went into the Passport Office and attempted to apply for a Passport. He was turned down.
Last month, Chief Justice Chang granted an Order or Rule nisi directed at the Chief Immigration Officer, Commissioner Persaud.
The Commissioner must now show cause why a final court order should not be issued to quash the decision of Immigration Officer, Mr. Parris No. 21356, on June 18, who refused to accept a birth certificate tendered as part of the new Passport application, by the lawyer.
Yesterday, Attorney-at-law attached to the office of the Attorney General, Arianne Mc Lean requested fourteen days to file the affidavit in response.
Her request met with objections from Husain-Subedar, who told the court that the time requested is “too long for such a case.” He suggested that the defence be given seven days instead. However after careful consideration, Justice Chang granted the defence ten days to provide an answer. The matter is scheduled to come up before the Chief Justice on July 23.
According to the court action, the lawyer is also asking that the court direct the Immigration Office to accept his birth certificate as is and consider his application and to issue an electronic machine readable passport to him.
Husain-Subedar, of Broom Hall, Mahaicony, East Coast Demerara, said that he has a birth certificate No. 1 of Division/Centre 5, Mahaicony and issued on 2004/01/22. His name on that certificate is stated as Saphier Husain.
On March 8, 2013, the lawyer said he adopted the name “Subedar”, after his grandfather from India.
“I practiced with the name of Saphier Husain. That in January, 2013 I have now completed National Committee of Accreditation Exams in the Dominion of Canada and was awarded the N.C.A. Certificate in the name of Saphier Husain- Subedar.”
The lawyer said he has been practicing for over 27 years in Guyana and is also a rice and cattle farmer.
On June 18th, Husain-Subedar said that he visited the Immigration Office in Camp Street, Georgetown with the required application form completed. Husain-Subedar also had in his possession a copy of the Deed Poll, a document showing his name change, and his old Passport, issued on March 19th, 2004.
He had two passport size photos certified by Michael Somersall, Attorney-at-Law, and the required $4,000 fee.
Husain-Sudedar said that he presented the documents to Immigration Officer, Mr. Parris No. 21356, “who rejected the application on the grounds that the birth certificate was not valid for said application, since it was issued in 2004/01/22 and not within the last six months.”
The lawyer said he asked on what authority he was being rejected and the Immigration Officer replied that he was instructed by his senior officers to do so.
“I told the said Immigration Officer that his rejection is wrong in law and violated my Constitutional right… to withhold freedom of movement as guaranteed under Article 148 of the Constitution of Guyana 1980 as amended i.e. – the right to enter Guyana and the right to leave Guyana,” Husain-Sudedar said.
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