The regulation of entry and stay of foreign nationals is a sovereign function of the State. Failure to comply with visa registration requirements justifies blacklisting, and foreign nationals possess no vested legal right to enter the country during the blacklisting period.

O R D E R:

Petitioner claims to be an Iraqi national holding a valid Iraqi Passport bearing No. A20490787 and an employee of M/s Across the Clouds Medical Tourism, an Iraq-based Medical Tourism Company having ties with many Indian Hospitals. It is stated, the said company has been very instrumental in boosting foreign reserves of our country with a regular flow of patients from Iraq, Iran, Syria, Sudan, Yemen etcetera to India. Petitioner who is well-versed with Kurdish language has done marvelous job in helping the patients who arrived at Hyderabad for treatment.

1.1. It is stated, petitioner arrived on Student Visa to pursue Spoken English and Computer course in 2015 and thereafter, pursued Bachelor's degree from Osmania University, Hyderabad, India, Bachelor of Pharmacy (B-Pharmacy) from 2016 to 2020. During his stay as a student, Petitioner is stated to have complied with all the Visa conditions imposed upon him including Registration within 14 days of arrival in India, and there was never any adverse remark from any of the authorities in India. He travelled India on many occasions and always adhered to the Visa endorsements/conditions of Registration on arrival in India and details of Passports and Visas issued to the Petitioner were furnished in the affidavit.

1.2. It is further stated, on his last visit to India, he arrived on the strength of B1-Business Visa on 08.10.2024 which had endorsement stating: "EXEMPTED FROM POLICE REPORTING NOT VALID FOR PROHIBITED AND RESTRICTED AND CONTONMENT AREAS BUSINESS PURPOSE ONLY REGISTRATION REQUIRED IF CONTINUOUS STAY IN INDIA EXCEEDS 60 DAYS" After arriving India, he got the Registration with Respondent No. 3 vide Application dated 12.10.2024 i.e., after 4 days of arrival in India; he complied with the Visa endorsement/condition of Registration within 60 days of arrival in India with the FRRO, Hyderabad which shows his bona fides, hence, there was no violation of any visa condition imposed upon him.

1.3. Petitioner is stated to have followed due process of law before departing from India; he approached the 3rd respondent on 27.03.2025 and applied for Exit Permit, which was allowed after payment of Rs. 10,000/- against non- registration fee. As soon as he obtained Exit Permit, he departed from India on 28.03.2025.

1.4. While so, petitioner is stated to have applied for Employment Visa vide Application dated 06.04.2025 to the Indian Consulate/Embassy in Iraq, however, he has not received any communication from the Indian Embassy even after passing of more than four months. He therefore, is stated to have visited Indian Consulate/Embassy in Iraq in June 2025 where he came to know that due to violation of Visa condition of non-registration within stipulated period with the FRRO, Hyderabad on his previous visit to India on Business Visa, his present Employment visa could not be processed.

1.5. Due to increase in foreign patients flow in Hyderabad and urgent requirement of Kurdish language interpreter, Petitioner's employer in India, Dr. Osama Ahmed, Head of International Business Development, Apollo Hospitals Enterprises Limited wrote to the Joint Secretary, Foreigners Division, Ministry of Home Affairs and to the Director, Foreigners Division, Ministry of Home Affairs, and also to Indian Consulate in Baghdad, Iraq, Ministry of External Affairs vide e mail dated 25.06.2025 explaining the bona fides and urgent requirement of Petitioner in India and undertaking his full responsibility in abiding and adhering to the Visa conditions imposed upon Petitioner in future; as the said representation did not evoke any response, petitioner addressed Indian Consulate in Baghdad, Iraq and the 3rd respondent on 11.08.2025 and 25.06.2025 requesting to issue Employment Visa, but it could not yield any result. Hence, the Writ Petition.

2. Respondents 2 and 3 filed counter contending that petitioner - an Iraq national (passport No. A20490787) last arrived India on 08.10.2024 through Rajeev Gandhi Interna