Paridhi Arya
Published on June 6, 2022 at 20:43 IST
The Vacation Bench of Justice M R Shah and Justice Aniruddha Bose has refused to entertain the Petition filed by the Nigerian national. The Court advised the Petitioner to go High Court as it is a policy matter.
“These are all policy decisions. You should go to the High Court” said the Court.
Chioma Monica Austin Ogueri is the Petitioner in the case who seeks to set aside the fees levied to her three children for issuing their exit permit who are under 12 years of age.
In 2014, Chioma Monica Austin Ogueri had come to India on a study visa then she got married to Nigerian nationale.
Advocate A. Selvin Raja submitted that Ministry of Home Affairs, Bureau of Immigration and the FRRO Bangalore had not even given the reason for imposing fees of Rs.4,34,000/- on issuing exit permit to her three children.
On February 13, Petitioner got her exit permit. She has four children and the youngest child is seven months old so after getting her exit permit she applied for her three children’s exit permit.
The Counsel submitted that under Section 2 of Registration of Foreigners Order, 1957 the provisions of Registration of Foreigners Act, 1939 shall not apply to any child whose age is below 12 years.
“It is clear from the above order and the regulations that the children in question here, who are all below 12 years, cannot be subjected to a fees for the issue of exit permit since they were never registered at the first place for being exempted.”
“Hence, in the absence and exemption of registration, there is no question of any actual fees and/or penalty fees.” it was highlighted in the Petition.
The Advocate contended that imposition of such fees violates the personal liberty of the petitioner.
The plea stated that there is no prescribed manner in which such fee is to be imposed.
The Petitioner prayed in the Petition for issuance of exit permit to her all the four children immediately and cancellation of fee is imposed.