Marriage certificates delay challenged

Two Georgian nationals who gave false names when they first entered the State and married EU-nationals under those false names…

Two Georgian nationals who gave false names when they first entered the State and married EU-nationals under those false names have challenged the delay by the Chief Registrar of Marriages to reissue their marriage certificates in their real names.

The couples, who applied more than a year ago to have their marriage certificates altered, were informed last November by An tArd-Chláraitheoir (Chief Registrar) the amendments would be made, the High Court was told.

However, lawyers for the couples informed Mr Justice Michael Peart today, despite that assurance, neither marriage certificate has been reissued.

In separate judicial review proceedings, the couples are seeking court orders directing the Chief Registrar to amend their marriage certificates within a reasonable period.

The first action is by Giorgi Niauri, a native of Georgia, and his Latvian wife Marika Liepina, with an address at Manor Orchard, Thornbury View, Rochestown, Cork. The second is by John Paul Hogan and his Georgian wife, Manana Sokhadze, Marybank, Douglas, Street, Cork.

Both Georgian spouses gave false names to the authorities when they first entered Ireland several years ago out of fear of being persecuted in Georgia if they were deported under their real names, Mr Justice Micheal Peart was told.

They later married their EU national partners, but their marriages were officially registered under the Georgians' false identities. Questions later arose about the validity of the marriages.

In July 2010, Mr Niauri and Ms Liepina obtained declarations of validity of their marriage from the Circuit Court, and they wrote the following September requesting reissue of their marriage certificate,

Mr Hogan and Mrs Sokhadze wrote to the defendant in January 2011 seeking to have the their marriage certificate reissued and, on several occasions during 2011, wrote complaining of the delay in completing the amendment to their marriage certificate, the court was told.

In July 2011, both couples were informed by the Registrar a "technical difficulty" had arisen and legal advice had been requested. Last November, they were informed the corrections would be made and a relevant official would be in touch to make the necessary arrangements to effect the corrections.

The couple's solicitors asked the defendant in January 2012 to confirm those arrangement within 21 days or High Court proceedings would be brought. No response was received to date to that request and nor had the couples been notified of any arrangements in respect of the amendment, the court heard.

In the proceedings, both couples alleged the Registrar has failed to act within a reasonable times and has breached their rights to fair procedures and natural justice.

Leave to bring the actions was granted on an ex parte (one side only) basis by Mr Justice Peart.