AN INDIAN psychiatrist, who has been in the State for 10 years, with his family, yesterday in the High Court challenged a decision of the Minister for Justice to refuse him Irish citizenship.
Mr Parsharum Mishra (44), of Kirkpatrick Drive, Dublin, is seeking to have quashed the Minister's decision. He is taking the case against the Minister and the Attorney General.
Mr Peter Finlay, counsel for Mr Mishra, said his client was in the State lawfully as he had had visas and work permits. He had paid taxes. There was no question of a deportation order. His second son had been born in the Republic.
In an affidavit, Mr Mishra said he was born in India and married Ms Chandra Lekha there in 1982. Their first child was born in October 1985 in Birmingham, and this second was born in July 1989, in Kilkenny.
He obtained his medical qualification in India in 1982 and practised there until he went to Birmingham for 18 months. He came to Ireland and had temporary appointments in various hospitals, the most recent on a clinical attachment in St Luke's Hospital, Clonmel.
His family was very happily settled in Ireland and it was his long term intention to remain here.
In August 1987, he obtained temporary registration as a medical practitioner from the Medical Council which imposed a limitation of five years' cumulative working experience after which full registration must be obtained. He was in the course of taking his membership examiner ships for full registration and had passed three out of five. The other two would be retaken in October.
He applied for citizenship in August 1991. He was asked to provide additional information and this he did on two occasions. In August 1993, he was told the application was refused.
Mr Finlay said Mr Mishra was never given any reason for the refusal. Between the time he applied for Irish citizenship and the refusal, the Medical Council had changed the rules so that Irish citizenship was not a requirement for full registration but there had to be an examination. Mr Mishra now could not work as he was not registered with the council.
For him to obtain work as a non national, he would have to prove that no EU national could do the work and that he had some unique qualification. He had no intention of leaving the State and was fully established here.
Mr Roderick O'Hanlon, counsel for the Minister, said according to the statute the Minister had absolute discretion in relation to an application of this nature.
He said if Mr Mishra passed his exams, he could reapply.
Mr Justice Kelly reserved judgment.