Bombay High Court Grants 3-Weeks Interim Protection To Refugee Family Facing 'Leave India' Notice, Allows Continuation Of Children's Studies

A few days after pulling up a Yemeni family for taking undue advantage of India's 'liberal attitude', the Bombay High Court on Monday granted three weeks protection to the 'refugee' family, which is facing 'Leave India Notice' for overstaying their visa for nearly a decade.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan granted protection to Khaled Gomaeai Mohammad Hasan, his wife, son and daughter, from being 'forcibly deported' to their parent country Yemen.

"We grant them three weeks time. Till then, let the children continue with their studies here," the judges said.

This comes after the bench was informed that the 'refugee' family has applied for an Australian visa and has completed its procedure of registering for the biometrics, undergoing medical tests etc. The family sought 15 days of protection in view of the pending response from the Australian authorities. The bench, however, granted them three weeks time.

Notably, the family has overstayed their visa for the last decade and yet after receiving a 'Leave India Notice' had been insisting on the bench to provide them protection from forcible deportation as they only wanted to go to Australia.

The petitioner Hasan a 'Refugee' card holder, was served with a 'Leave India Notice' by the Pune Police. He petitioned the High Court seeking protection from 'forcible' deportation. The refugee card was issued to them by the United Nations High Commission for Refugees (UNHCR).

In the plea, Hasan stated that he had been living in India for the last 10 years as his home country Yemen was experiencing the world's worst humanitarian crisis and due to an internal civil war, 4.5 million nationals have been displaced and two-thirds of the population of the country is in humanitarian crisis.

"Forcible deportation to Yemen would lead to persecution as there is a threat to life and limb of the petitioner and his family - wife and children. The proposed deportation was contrary to the International Customary Laws and also the Constitution of India as it violated basic human rights," the petitioner argued.

While Hasan arrived in India in March 2014 on a student visa, his wife arrived in May 2015 on a medical visa. The couple's visas expired in February 2017 and September 2015, respectively.

The Pune Police issued the Leave India Notice to the family first in February this year and a subsequent one in April, asking them to leave India within 14 days of the receipt of the notice.

Before the bench, the petitioners sought protection from deportation at least till they got a visa for Australia.

The bench, however, agreed with special counsel Sandesh Patil representing the Pune Police that the petitioner can go to 129 other countries that permit refugee card holders. Yet the petitioner insisted on protection.

"You can go to Pakistan, which is in the neighbourhood. Or you can go to any gulf country. Do not take undue advantage of India's liberal attitude," the judges had then orally remarked.

Pursuant to the previous hearing, the petitioner's family attended the court proceedings today and furnished their Passports before the judges, who noted that the same were valid till May 2025. The bench was informed that the children, who were present in the court hall, also held valid Passports and were only awaiting a positive response from the Australian Government.

The bench has adjourned the matter for three weeks.