Precedent: Safir marriage case

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Deimos Jasonides
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Joined: Fri Apr 12, 2013 6:53 pm

Precedent: Safir marriage case

Post by Deimos Jasonides »

The Department of Interior Affairs is instructed to follow the case law in Abdullahi v the State.
In the case in the Administrative Court between

MEHMET ABDULLAHI
applicant

and

THE STATE
respondent

The Court, composed of K. K. Arazinion, presiding judge, and L. Kashmiriyeh, A. Kanalilla'i, judges, rules:

Background:

Applicant Mehmet Abullahi, a citizen of the State, did last year, on the third day of the first month, travel to Reira, in Safiria. Mr Abdullahi is an engineer by profession and he had been called to help out a Talenorian ship perform repairs at the port of Reira. While in Reira, Mr Abdullahi claims, he “fell in love” with a safir and was bound to it in a native ritual. Mr Abdullahi calls this marriage.

Mr Abdullahi did on on twentieth day of the eigth month last year return to Talenore. In declaring his luggage, State Customs discovered that the safir, called Rei, holding a Safirian passport, had no entry permit as necessary by law. Mr Abdullahi said that he was married to Rei and therefore needed a worker's permit for it and a recognition that he was married to it. The State Customs denied his request. Mr Abdullahi appealed to this Court.

Claims:

Mr Abdullahi claims that Rei is a sentient being and should by international custom be given personhood. He points to the fact that safirs have ruled Safiria for several years and held the kaisership of Shireroth twice. There are safirs in the Alexandrian and Shirerithian legislatures, among others. Therefore, Rei should be given personhood and recognized as Mr Abdullahi's wife, possessing all the rights afforded to foreign family members of the citizens of the State. He also points to the Constitution granting rights to persons but not defining them as humans.

The State claims that its immigration policies, as exercised by the Department of Interior Affairs, only humans may apply for a worker's permit. Aliens and other animals, such as pets and zoo animals, must apply for an application for alien or other animal entry (form C). No animals hold personhood, wherefore the application for worker's permit for Rei and recognition of the “marriage” between Rei and Mr Abdullahi must be denied.

The law:

The Court notes that the laws on immigration in the State are under review from the State. Not much time has passed since independence and the assumption of sovereignty. The Court holds that in the absence of statute, convention must be followed.

It has been the convention of the State, since assumption of sovereignty, that aliens, among other animals, do not hold personhood. There is no international law covering for “alien rights” or any other “animal rights”. The State is not bound to follow any such. There is no proof that it has ever been the intention of any legislature in Talenore to grant human rights to aliens or other aliens.

Findings

The Court finds that Mr Abdullahi holds much affection for Rei, and sees no reason to deny the entry of the safir to the territory of the State.

The entry of aliens and other animals to the State must follow certain categories, as declared by the Ministry. They must either be a pet, an extraterrestrial being, a worker's animal, a zoo animal or an animal to be imported for agricultural reasons.

The State testifies that these categories are to protect the ecology of the State and that no entry of animals outside these will be permitted. The State maintains that a pet is an animal to be kept in the home, an extraterrestrial being is an animal from another planet, a worker's animal is an animal that works, such as a dray horse, and a zoo animal is an animal imported for the purpose of exhibiting it in a zoological garden.

The Court faults the State on one point: While the State holds that Rei, the safir, is an extraterrestrial being, the Court disagrees. Rei was born on this planet and is therefore part of its fauna. It cannot be given any kind of entry as an extraterrestrial being.

Rei does not, however, possess personhood. It is not a human, it is therefore an animal. Mr Abdullahi's import of the safir is, by his own admission, for the purpose of living with it, sharing life's joys and sorrows with it. Just as dogs can be important family members in many households, the Court believes that safirs can perform just as well.

Therefore the Court orders:

1. to grant the entry of the safir Rei to the territory of the State as a pet.
2. to inscribe Mr Abdullahi on the State Veterinary Register as owner of the safir Rei.

It is so ordered.

  • ARAZINION
    • KASHMIRIYEH
      • KANALILLA'I
Deimos Jasonides| Деймоос Ясооннаи | Deimoos Jasoonnai
Grand Officer of the Holy Order of the Strait of Barbary
Former Prime Minister of the State of Talenore
Former Sovereign Prince of Elwynn

Just another Ric

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