Extension Of Research VISA Was Obtained By Concealing Facts, Liable To Be Deported Forthwith: Rajasthan High Court Dismisses Yemeni National’s Appeal

“The petitioner-appellant had not only overstayed the prescribed limit of the student and the research VISA, but is also not undergoing any studies, much less as a researcher in Ph.D. He first obtained the admission to Ph.D. clandestinely and secondly, the admission stood cancelled. Therefore, in the above circumstances cancellation of his research VISA and the direction to apply for exit VISA cannot be faulted with,” said the court.

Facts

The petitioner is a Yemeni national. He completed his M.Tech from NIMS University, Jaipur, in 2016. He enrolled for Ph.D. in chemical engineering from NIMS University the same year. He later wanted to switch over to some other university but NOC was not issued by NIMS.

He filed a writ petition in 2019 seeking a direction for issuance of NOC by NIMS. Since the Visa of the petitioner was expiring on 11.04.2019 and no interim protection was granted to him by the single judge, he filed an appeal.

NIMS University was directed by a division bench in April 2019 to issue a bona fide certificate to him and the Foreigners Regional Registration Officer (FRRO) was directed to extend his stay for at least 10 days. Union of India was also directed to take decision with regard to issuance of VISA to the petitioner-appellant upon verification of the necessary material.

After the DB order, the FRRO extended the Visa of the petitioner for one year i.e. till 11.04.2020 as the petitioner submitted that he is pursuing Ph.D. from Vivekanand Global University, Jaipur for which an admission letter was issued to him on 07.10.2019.

However, the FRRO, Delhi vide order dated 03.09.2019, on the basis of some adverse report, cancelled the VISA granted to him on the ground that he was not pursuing his research studies for which purpose the VISA was granted. He was directed to apply online for an exit permit.

The petitioner challenged the order of FRRO which was dismissed by the single judge of the High Court by an order dated 18.10.2022. Hence, the petitioner preferred an intra court appeal against the impugned order of the single judge.

The division bench observed that the extension of the research visa from 12.04.2019 to 11.04.2020 was patently in contravention of the Rules. It was obtained by concealing that the period of research VISA was expiring on 22.04.2019 and by misleading that he has obtained admission in Ph.D. in Vivekananda Global University, Jaipur, whereas on the date of extension of the research VISA he was not having any admission.

Vivekanand Global University, Jaipur had informed the FRRO that he was provisionally admitted in the Ph.D. course on his statement that he had a valid VISA till 11.04.2020. "However, his VISA was cancelled on 03.09.2019, which fact was concealed in obtaining admission on 07.10.2019. Accordingly, his admission to the Ph.D. course was also cancelled on 25.11.2019 by the Vivekanand Global University, Jaipur," the court recorded.

The bench relied upon Supreme Court decision in Hans Muller of Nurenburg v. Superintendent, Presidency Jail, Calcutta & Ors.: AIR 1955 SC 367 in which it was held that Foreigners Act, 1946 confers the power on the Central Government with absolute and unfettered discretion to expel foreigners from India.

“The petitioner-appellant got himself enrolled for the Ph.D. course in Vivekanand Global University, Jaipur on 07.10.2019 on the basis of the incorrect information that his VISA is valid till 11.04.2020 though his VISA stood cancelled on 03/04.09.2019. Moreover, the aforesaid admission also stood cancelled on 25.11.2019 and as such, since then petitioner-appellant is not a student of any course in any institution. The VISA granted to him was for the purpose of study first as a student and then as a researcher. Therefore, he cannot be permitted to stay in India without pursuing any course of study/research.”

The court said the appeal is devoid of merits and dismissed it.

Case Title: Khalid Ahmed Ghilan Amran v. The State of Rajasthan & 2 Ors.

Citation: 2023 LiveLaw (Raj) 8

Coram: Justice Pankaj Mithal, the Chief Justice and Justice Manindra Mohan Shrivastava

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