Dear Jose,
Refusal to accept the documents bearing Hague Apostille from India is clear
violation of article 3 of the hague convention.
Why is CRC not having the GUTS to put it clearly in writing in a legal
manner that they will not acknowledge and accept documents bearing Hague
apostille from India.
Now if the CRC is not ready to accept such documents what legal action can
we initiate towards them ?
As far the contents of documents goes, any body or organization
acknowledging the Hague apostille documents really do not have to be
responsible for the content.
Note: In legal Terms Merely acknowledging or accepting documents do not
establish a confirm right of nationality etc.
The nationality can only be given after all these documents received by CRC
are duly investigated and verified by them including the involvement of
Portuguese consulate. This is applicable and same for all the documents
having Hague apostille or attested by Portuguese consulate or submitted
directly to Portuguese consulate.
(Pls refer to my reply to Paulo below.)
Mr. Jose, Do you mean to say that India is the only country in the world
which can issue fraudulent documents and no other country can? and for what
are diplomatic treaties (Such as Hague Convention) meant.
One can give an 1000 excuses to refuse if one has a rigid prejudice like the
one CRC and Portuguese consulate has towards people making nationality
applications from India.
The main questions to be answered are:
1) Why is the CRC not prepared to give in writing they will not accept
documents bearing Hague apostille from India?
2) What legal action can a common person take if the CRC is not willing to
give anything in writing?
Regards:
Shashikant
Message: 1
Date: Sun, 21 Oct 2007 12:19:23 +0530
From: Swastik <[EMAIL PROTECTED]>
Subject: Re: [Goanet] Hague Apostille {IMPORTANT}
To: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED]
Message-ID:
<[EMAIL PROTECTED]>
Content-Type: text/plain; charset=ISO-8859-1
Hello Paulo,
My responses are quoted below.
Yes, the apostille certifies the signature of officer issuing the Apostille.
However there is no reply from the CRC-Lisboa as to the acceptance of
documents bearing apostille from india which only implies their denial, but
simply do not want to give in writing as it may lead them in to trouble.
(Breach of Article 3 Of Apostille
Convention)
Also, i came to know from one of the lawyer in lisboa who had approached to
CRC, that the documents meant for filing portuguese nationality from india
bearing Hague apostille will not be accepted.
However no Written statement had been issued from CRC.
Let me mention clearly and we are all aware that one can obtain portuguese
nationality by either filing the concerned papers at Portuguese consulate or
getting the same papers attested from portuguese consulate- GOA and submit
at CRC-Lisboa under POA in favour of a professsional lawyer.
Now for both the cases, an appointment to portuguese consulate has to be
made which takes several months (As evident from the website).
Therefore if one can afford to hire a lawyer then why not get hague
apostille on all the documents and send it to CRC and initiate the process.
Why should one be a victim of any such lethargious practices & delays for
obtaining appointments being adopted by portuguese consulate and which is
completely ridiculous.
As far as follow-up service with local authorities for geniuneness and
verification goes, let me make it clear that the portuguese consulate is
definitley going to follow their own procedure for checking the accuracy of
documents irrespective of the fact whether those being either received from
CRC or submitted directly to them.
Hence it makes no sense whether the documents are attested by portuguese
consulate and submitted at CRC or documents bearing hague apostille are
submiited to CRC or documents submiited directly at Portuguese consulate.
The Verification and checking is all same in all the 3 cases.
According to me the only benefit from Hague apostille is that one do not
have to make any appointments for nationality or attestations from
portuguese consulate and can directly submit to CRC by the consent of
professional lawyer and get his/her process started.
However the CRC-Lisboa has been not been confirming from their side for
acceptance of documents bearing hague apostille from india.
Regards;
Shashikant.
-----Original Message-----
From: J. Colaço < jc> [mailto:[EMAIL PROTECTED]
Sent: Monday, October 22, 2007 7:41 PM
To: Swastik
Cc: for GoaNet; Bosco; Paulo Colaco Dias
Subject: Re: Hague Apostille {IMPORTANT}
On 18/10/2007, Swastik <[EMAIL PROTECTED]> wrote:
Dear Jose,
Would Surely appreciate your comments and any productive information
you would like to share with us all regarding above.
Shashikant.
Dear Shashikant,
Apologies for my delay in responding to you. Am extra busy at the moment and
expect to be so until mid Nov atleast.
Now, wrt to this query - which I assume is related to your (or someone of
yours) quest for Portuguese Nationality, here are a few points you may wish
to research yourself ( in random order )
1. Does the International Court of Justice, Hague have any real jurisdiction
on this matter; ANY matter for that matter?
2. If it does have marginal jurisdiction - WHO is likely to plead your case
.... India?
3. Does the Apostille certificate certify the contents of the document (say
birth certificate)?
4. If it does not, please advise WHY the CRC should accept the contents of a
document which has received a Apostille? After all, previously issued and
certified (by authorities) certificates have proved to be fraudulent.
(Please refer back to question 3 above)
Please remember that the CRC-Lisbon has had NO difficulties accepting
documents from many other countries - ONLY from countries with a history of
fraudulent issuance of certificate.
good wishes
jc
when you have the time, please visit this site
http://www.colaco.net/1/DeadMenFlying.htm
