A native of Pakistan who married two women within a four-month period - an Irish woman and then his first cousin - has challenged a decision of the State to withdraw his Irish citizenship and impound his Irish passport. The State contends the marriage to the Irish woman was for immigration purposes.
When the case opened at the High Court yesterday, Mr Justice Finnegan was told that Mr Sohail Akram, now living in Denmark, met Ms Kathleen Kelly, of Loughrea, Co Galway, and they married in July 1984. In November of that year Mr Akram returned to Pakistan where, he claimed in an affidavit, he came under severe pressure from his family to marry Ms Ansa Butt, his first cousin.
He returned to Ireland two weeks later and continued to reside with Ms Kelly. In 1987 he made a declaration of acceptance of Irish citizenship based on his marriage to Ms Kelly. Following the deterioration of that marriage, Mr Akram said, they separated in 1990 and he went to Denmark.
In 1993 he applied for Irish citizenship for his son of his second marriage. To facilitate the registration process, Mr Akram said he lodged his two marriage certificates with the Irish Embassy in Copenhagen. The embassy had not processed his application and retained his Irish passport.
In judicial review proceedings, Mr Akram is seeking an order quashing the State's decision to withdraw his Irish citizenship and impound his passport.
The State claims Mr Akram was not entitled to Irish citizenship and alleges that, in 1987, he fraudulently made the declaration seeking Irish citizenship on the false basis that he was validly married to Ms Kelly.
The State also challenges Mr Akram's claim that he and Ms Kelly lived together as man and wife; the marriage to Ms Kelly was intended to be polygamous.
In Mr Akram's affidavit read by his counsel, Mr Frank Callanan SC, he said he had written to the Minister for Justice providing addresses where he and Ms Kelly had lived and naming people, including Ms Kelly, who could testify the marriage was genuine.
Mr Callanan said that in the letter to the Minister Mr Akram had stated the marriage to Ms Butt was arranged by his family. Mr Akram had told the Minister: "I could not refuse for reasons beyond your comprehension."
In an affidavit, Ms Kelly, with an address at Montpellier Hill, Dublin, said she and Mr Akram lived together as man and wife from 1984 to 1990. Their marriage was subsisting in 1987 when they both made declarations relating to his application for Irish citizenship.
In another affidavit, Ms Mary Foran, an assistant principal officer in the Department of Foreign Affairs, said a Pakistani marriage contract to Ms Butt denied the existence of a previous marriage for either party. This certificate gave rise to serious concern that the marriage to Ms Kelly was a marriage of convenience for the purpose of assisting Mr Akram to evade Irish immigration controls.
At the date of Mr Akram's application for registration of his son's birth, he had been in a marital relationship with Ms Butt for nine years, Ms Foran said. Had the Department been aware that Mr Akram married Ms Butt in 1984, it would not have accepted his post-nuptial declaration of citizenship based on his marriage to Ms Kelly.
Ms Foran said that when interviewed by gardai in Loughrea in 1993, Ms Kelly maintained she did not see the marriage as a "proper marriage". Ms Kelly had also said that Mr Akram made it clear to her that, being a Muslim, he would be entitled to have four wives.
Ms Foran said she interviewed Ms Kelly, who had said that at the time of their marriage she knew Mr Akram intended to marry another woman in his own country. She said Ms Kelly claimed this did not bother her as long as the other woman was not in Ireland. Ms Kelly could not offer an explanation of why she did not use her married name when she applied for a passport in 1985.
The hearing continues today.