Karnataka HC: There have been many cases of overstaying of VISA and violation by foreigners

Karnataka High Court Law InsiderKarnataka High Court Law Insider

Nishka Srinivas Veluvali –

Published On: December 09, 2021 at 19:50 IST

The Karnataka High Court on Thursday, 09 December, rejected the plea of Chinese women seeking for Visa extension and that the decision to permit her stay in India till the flight services to China resumed remains with the Jurisdictional Authorities.

The Single Bench led by Justice Krishna S. Dixit on Tuesday gave the Verdict of the same.

Foreigners Registration Office (FRRO) sent a notice to the 42 year old Chinese Woman (Petitioner) Lee Dong to leave India as her Visa expired. The Visa she was granted on June 22, 2019 till August 30,2019.

The Court noticed that the Petitioner would have left India if her Visa was not extended due to Corona pandemic till March 30, 2020. The Petitioner had again applied for the extension of her Visa before the authorities but as the authorities have not taken any decision she had moved to the Court.

“Foreigners can’t be given more rights than they have as per the International agreements. In this context, it becomes a matter of abstinence to question authorities on why is she being asked to leave this country”, the Bench asserted

The Bench observed that the Petitioner continued her stay in the country even without the permission of authorities.

As per the law, the foreigners should leave the country after the expiration of their VISA period. The Plea filed by the Petitioner cannot be considered as she is already overstaying in the country.

“It is now the authority’s decision to permit her to stay in the country until the flight to China resumes”, the Bench concluded

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