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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.SUNIL DUTT YADAV
Obinna Jeremiah Okafor, S/o. Mr. Okafor Gowdin – Appellant
Versus
Foreigners Regional Registration Office (FRRO) Bureau Of Immigration, (BOI), Bengaluru – Respondent
| Table of Content |
|---|
| 1. petition filed by foreign nationals. (Para 1 , 2 , 3) |
| 2. details of visa status and allegations. (Para 4 , 5 , 6) |
| 3. arguments presented by both parties. (Para 7 , 8) |
| 4. court observations on power of expulsion. (Para 9 , 10 , 11) |
| 5. procedural fairness and its implications. (Para 13 , 14 , 15) |
| 6. final conclusions regarding petition validity. (Para 16 , 17 , 18) |
ORDER :
The present writ petition has been filed by three foreign citizens namely, Mr.Obinna Jeremiah Okafor referred to as petitioner No.1, John Adekwagh Vandefan referred to as petitioner No.2 and Mr.Cyril Udoka Odigbo referred to as petitioner No.3.
2. Petitioner Nos.1 and 2 are Nigerian nationals and have assailed the action of Respondent No.1 in “Refusing to extend the visa and detaining them as well”.
4. The petitioners were presented before the Foreigners Regional Registration Office– Respondent No.1 on 23.12.2024 and an order for movement restriction was passed on 23.12.2024 in terms of Section 3 (2)(e) of the Foreigners Act, 1946 (Foreigners Act) read with para 11(2) of the Foreigners Order, 1948. The petitioners were then referred to Aasare Foundation Trust, Laggere, Bengaluru with a movement restrictio
The power to expel foreigners under the Foreigners Act is absolute, and visa cancellation renders procedural fairness moot.
Natural justice must be afforded before restricting the movement of foreigners under the Foreigners Act.
Point of law : Foreigners also enjoy some fundamental right under the Constitution of this country, is also of not much help to them. The fundamental right of the foreigner is confined to Article 21 ....
The right to stay in India as a student is subject to Indian laws and the VISA Rules, and no unfettered right can be claimed by a foreign student.
The court ruled that it lacks jurisdiction to direct visa issuance in bail proceedings, emphasizing the distinction between judicial custody and executive detention under the Foreigners Act.
An FIR against a foreign national for overstaying a visa can be quashed if no violation of visa conditions occurred, emphasizing deportation over criminal prosecution.
Governmental authority may impose movement restrictions on foreigners without prior hearing as per statutory provisions, provided they afford opportunity for reconsideration upon request.
Point of Law : Where right of a person was adversely affected by an order passed by the authorities, he is entitled to pre-decisional notice or even to postdecisional hearing, depending upon the fact....
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