Bombay High Court Quashes Deportation Order Against Russian National For Breach Of Visa Conditions Without Hearing

The Bombay High Court at Goa set aside a deportation order against a Russian national on grounds of breach of VISA condition observing that it was not a case of threat to internal security of India and authorities should have at least sought a clarification from the woman before ordering her deportation.

A division bench of Justice MS Sonak and Justice Bharat P Deshpande observed that while the Central government has wide powers of deportation, it cannot ignore principles of natural justice and fair play while exercising its powers.

According to the authorities, Olga Rosnina, a 53-year-old Russian national residing in Goa, was granted a work VISA, but indulged in business, violating VISA conditions.

“Principles of natural justice and fair play are an essential concomitant of Article 14 of the Constitution of India. This Article protects not only the citizens but also non-citizens. Whilst the Central Government is vested with wide powers in matters of deportation, such powers must be exercised fairly and without any hint of arbitrariness. This was not some case of threat to internal security of the country or like matters. The unilateral allegation was about breach of one particular condition subject to which the VISA was granted. At least a clarification could have been sought from the petitioner and upon considering the same, a decision could have been taken”, the court observed.

The court allowed a writ petition filed by Rosnina, challenging the deportation order dated May 17, 2023, and an order dated February 7, 2023, which revoked her VISA extension for foreigners' services.

Advocate AD Bhobe, on behalf of Rosnina, contended that the alleged violation had not occurred as Rosnina resigned from the company to ensure compliance with the terms and conditions of the VISA. He further highlighted that Rosnina had submitted an application for a dependency VISA on February 7, 2023, after resigning from her employment. However, her application was denied due to the deportation order, he said. He contended that even if a violation had taken place, the deportation order was an extreme measure that should not have been issued without adhering to principles of natural justice.

P. Faldessai, Deputy Solicitor General of India, represented the authorities, including the Foreigners Regional Registration Office (FRRO) and Deputy Superintendent of Police. Faldessai argued that the deportation order was warranted due to the breach of E-VISA conditions and contended that no consideration for a dependency VISA should follow after a deportation order.

The court said that the deportation order should not have been passed without minimum compliance with principles of natural justice as Rosnina claimed that she hadn’t violation her VISA conditions. The court highlighted the significance of adhering to principles of natural justice and fair play, which extend not only to citizens but also to non-citizens.

Therefore, the court set aside the deportation order dated May 17, 2023. The court also quashed the order denying the dependency VISA application based on the same deportation order.

The court directed the concerned authorities to review Rosnina’s application for a dependency VISA promptly and arrive at a decision within two months. The court mandated that Rosnina should not be deported while her application is under consideration, provided she adheres to the usual terms and conditions of her stay in India.

The concerned authorities are required to communicate their decision to Rosnina within fifteen days of reaching it.

Case no. – Writ Petition No. 351/2023

Case Title – Olga Rosnina v. Foreigners Regional Registration Office, Goa and Ors.