Plea Filed Before Delhi HC Seeking Extension of Visa of 44-Year-Old German With 70% Physical and Mental Disability On Exceptional Medical Grounds

The plea states that the Petitioner had come to India for his medical treatment on 18^th January, 2020, and his visa had expired on 8^th July, 2020. His application for extension of visa had also been rejected by the FRRO and subsequently, he had been issued an "Exit Permit" on 7th December, 2020, which would entail in him being left stranded.

Filed by Advocates Prakhar Dixit and Siddharth Kumar Singh, the plea lists the grounds of urgency and submits that the Petitioner is suffering from 70% physical and mental disability, including Infantile Cerebral Palsy (ICP) since birth, chronic anxiety and depression, Post Traumatic Stress Disorder (PTSD) and, suffered from severely compromised motor functions and a suppressed immune system making him susceptible to viral infections such as COVID-19.

"Considering his severe medical condition and allied disorders, the Petitioner has been recurringly visiting India for his medical treatment. He visited India for the first time on 10.01.2015 on a single-entry tourist visa and departed on 15.06.2015. He further came to India on an X-Entry Visa on 02.09.2015 and got himself duly registered with FRRO, Pondicherry. He departed on 01.12.2015".

It is further submitted that with the Exit Permit being issued, the Petitioner has been asked to leave on or before 22^nd December, therefore, he would either have to leave his current place of residence and would be liable to be deported after 22^nd December, 2020. Additionally, the Petitioner did not have any other place to live in India, or any person who could take care of his health. On account of the ongoing pandemic due to COVID-19, no one was willing to offer him a place of residence or take care of his health.

The plea also seeks to draw attention of the High Court to the fact that the ICMR guidelines state that even one person carrying the virus can infect 406 persons in 30 days, and that scientists have ascertained that the virus could spread through air, being in close proximity with an infected person and further could be transmitted through liquids/water, and passed on by coming in contact with surfaces infected with the same. In light of that, owing to the medical condition of the Petitioner, any travel during the pandemic would make him highly susceptible to catching viral infections such as COVID-19, along with a greater risk of fatality.

Contending that any travel during the pandemic would put the Petitioner's life in severe jeopardy and that Article 21 guarantees protection of Right to Life and Liberty to citizens and foreigners alike, the plea prays for a stay on the Exit Permit and for the extension of the visa of the Petitioner on exceptional medical grounds.