Shocked That FRRO Converted Medical Attendant Visa To Medical Visa Without Verifying Documents: Karnataka HC Denies Visa Extension To Yemeni National

The Karnataka High court has refused to grant relief to a Yemeni national who had approached the court seeking a direction to the authorities to extend his visa.

A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Mohammed Noman Ahmed Almeri, rejected his contention that bilateral relations between Yemen and India, be kept in mind while considering the petition's merits.

It said “Bilateral relations are apart, if they are existing, the finding of fraud cannot create any dent. The petitioner, by projecting bilateral relations cannot masquerade his activities, which are on the face of it, illegal and fraudulent.”

It was submitted that in 2013, the petitioner then 39 years old came to India to pursue a 3-year course in Master of Science and secured admission at T.John College of Nursing. The student Visa issued to the petitioner was valid from 07-08-2013 to 06-08-2014.

It was argued that the petitioner could not pursue his studies and his academic progression was a complete failure owing to the language barrier and his deteriorating health condition. He admittedly went back to Yemen on 28-05-2016.

After about 4 months, on 14-10-2016, the petitioner submitted that he returned to India on a visitation Visa to resolve an issue about his further studies and re-admission to the degree course. After coming to India, it is submitted that his health again deteriorated and he converted his visitation Visa to a medical Visa.

Petitioner was admittedly granted a medical Visa from 10-03-2017 to 06-09-2017 for about 6 months and the last extension of his Visa expired on 05-06-2023. The petitioner then applied for another extension of his Visa to the 3rd respondent.

It was submitted that during the pendency of consideration of the extension, the petitioner married an Indian and submitted an application to acquire Indian citizenship by registration as a spouse of an Indian citizen and also for having stayed in India for more than 7 years.

It was argued that the application for acquisition of Indian citizenship was not considered and, therefore, the petitioner reached this Court in Writ Petition No.15305 of 2021. It was also argued that the application that was filed for an extension of Visa was rejected by the 3rd respondent on 15-06-2023, and was challenged in this petition as well.

The petitioner sought relief on two grounds namely in terms of Section 5(1)(c) of the Citizenship Act, 1955 (hereinafter referred to as 'the Act' for short) he is entitled to be treated as an Indian citizen and he has married an Indian and the other, he is a resident of India for more than 7 years.

Deputy Solicitor General of India H.Shanthi Bhushan opposed the plea saying that the petitioner had played fraud with the 3rd respondent.

It was argued that though he was married and had three daughters in Yemen he came to India and married an Indian citizen in 2019 only to make himself eligible for consideration of his citizenship in India. Further that he had never been an inpatient in any hospital for him to get a medical Visa.

"He is in fact doing the business of medical tourism and has got hundreds of people from Yemen and got them employed in most of the hospitals in the city, all without even having any right to stay in India,” the DSG argued.

The bench on going through the records noted that it reveals that the petitioner was working as an agent and had brought in several Yemen nationals to India and got them employment in several places, again all on the strength of medical certificates or documents issued by one 'Trustwell Hospital.'

Further, it said that it was rather shocking as to how the 3rd respondent/Foreigners Registration Office converted the medical attendant Visa to a medical Visa without even looking into the documents or the ailment of the petitioner. It held:

"If these documents could become a matter for conversion from medical attendant Visa to Medical Visa, it shows that the Authorities have converted it without even looking into the documents. It is further surprising as to how and on what parameters the medical Visa is granted to the petitioner. The medical Visa that was granted to the petitioner is extended from time to time. The petitioner has never undergone admission in any hospital for surgery of umbilical hernia. Therefore, the so-called surgery never took place. The only admission of the petitioner, as observed hereinabove, was as an inpatient for treatment to Covid19 infection that too for one week.”

Referring to one of the communications issued by one of the hospitals to the 3rd respondent, about the petitioner, the Court said that the communications do not inspire confidence, since the same reason is being shown for extension of medical Visa for every six months. 

The Court thus directed the 3rd respondent/FRRO to enquire into the nature of these certificates issued by the hospital to ascertain if there was truth in those communications since the hospitals cannot be permitted to be hand in glove with the citizens of other countries for extension of Visas that are granted in the case at hand.

It further directed the FRRO to set its house in order and not convert Visas for the asking without verification of documents. 

In finding that the petitioner was a married man in Yemen with three daughters and had only married an Indian lady to acquire Indian citizenship, the Court noted that the petitioner had spent over 7 years in India without a valid visa, and every time the nature of his visa had changed.

It observed: "The petitioner has, in fact, played fraud by producing documents or records which bear no truth albeit, prima facie.”

Accordingly, it dismissed the petition.

Appearance: Advocate Ruha Latif for Petitioner.

Deputy Solicitor General H.Shanthi Bhushan for Respondent.

Citation No: 2023 LiveLaw (Kar) 491

Case Title: Mohammed Noman Ahmed Almeri AND Union of India & Others

Case No: Writ Petition No 15631 OF 2023

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