Lebanese man disputes refusal to allow his two wives live here
Thursday December 18 2003
Hussein Ali Hammoud was informed the decision to refuse his first wife and eight of his children permission to reside here is based on public policy grounds and because Irish law "does not permit polygamy". His second wife and five of his children have been allowed into the country.
Mr Hammoud says he had to flee Lebanon in 1998 because he had helped Irish peace-keeping troops in South Lebanon and was involved in jailing a prominent member of the Hezbollah militia group.
He says that, in conformity with Islamic tradition and Lebanese law, his family consists of two valid marriages. He and his two wives and 13 children lived in Lebanon as a family, but the authorities here have only permitted entry to one of his wives and five of his children, four by his second wife and one by his first.
John Eardly BL, for Mr Hammoud, this week secured leave from Mr Justice Iarlaith O'Neill to seek orders overturning refusal of the Minister for Justice to allow the entire Hammoud family live here as a unit.
Mr Hammoud, with an address at Ballinteer, Dublin, arrived in 1998, seeking asylum from persecution. He secured Irish citizenship in August 2002. His family unit consisted of two wives and 13 children and he disclosed this to the Irish authorities and exhibited two marriage certificates.
His wives and children attended the Irish consulate in Beirut and were told what was required for visa applications.
Neither the Department of Foreign Affairs nor the consulate raised any objection regarding his wives' status, but an objection was raised in that one wife did not have a passport for herself and her children.
His second wife did have travel documents for a visa application. This woman and four children were permitted in July 2001 to enter Ireland. Another of his sons, by his first wife, was allowed enter in April 2002.
Last February, he was told his first wife and children were not permitted to enter. No reasons for the refusal were specified. The letter stated they did not qualify as dependents under the Refugee Act.
Mr Hammoud said his solicitors sought reasons for the refusal but he was not given any before the appeal.
Earlier this year, his eldest son by his first wife was shot and seriously injured in Beirut. His solicitor told authorities here the shooting was linked to Mr Hammoud's activities in Lebanon.
On October 1 last, he was notified the decision to refuse visas to the remainder of his family and to his first wife had been upheld.
Mr Hammoud said this was unfair and unreasonable, and the minister was not entitled to refuse his application on public policy grounds relating to polygamy.
The law on its face did not exclude the possibility that one or more spouse might be entitled to entry and residency in Ireland.
Despite his very limited means here, Mr Hammoud was regularly transmitting funds to his first wife in Lebanon to support her and their children. He also had grave fears for their safety.
