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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 :
S. SUNIL DUTT YADAV, J.
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.
Though the petition was filed by three petitioners, third of whom is Cyril Udoka Odigbo, who during the pendency of the present proceedings has withdrawn the writ petition, the petition was disposed off insofar as petitioner no.3 is concerned on 26.06.2025. Accordingly, the present lis remains for adjudication as regards petitioner nos.1 and 2.
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”.
3. The facts made out are that the petitione
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.
The issuance of a Leave India Notice under the Foreigners Act is lawful when based on documented misrepresentation, upholding regulatory authority without violating natural justice requirements.
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.
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