Foreigner holding valid visa not always entitled to enter India: Delhi HC
New Delhi, Nov. 12 -- A foreign national cannot claim an enforceable right to obtain a visa or enter India merely on the ground that she had previously been issued a multiple-entry Tourist Visa or that the visa remained valid, the Delhi high court has held while dismissing a US citizen's plea seeking directions to the Centre to permit her entry into India.
Justice Amit Mahajan, in the November 5 verdict observed that possession of a visa does not, by itself, confer an absolute or unconditional right to enter India. "The petitioner, being a foreign national, cannot claim an enforceable right to be granted a visa or to be permitted entry into India merely on the basis that she had earlier been issued a multiple-entry Tourist Visa or that the said visa was stated to be valid until 27.11.2032. The possession of a visa does not, by itself, confer an absolute or unconditional right of admission into India," the court said.
The petitioner argued that she was issued a multiple-entry Tourist Visa on November 28,2022, valid until November 27, 2032. She claimed that during her visits to India, she had not engaged in any activity violating her visa conditions but during her departure at Chennai Airport on January 23, 2024, immigration authorities told her that her cumulative stay in India in 2023 had exceeded the permissible limit of 180 days.
The petitioner said though she paid the prescribed penalty, no order or Exit Permit was issued and when she arrived at Bengaluru Airport on November 4, 2024, she was denied entry and informed that she could return only after April 9, 2026....
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