Visa document should include consequence of overstaying: HC

Addressing the issue of foreigners overstaying after visa expiry, the High Court of Karnataka has suggested incorporating appropriate conditions in the visa document.

The court made the observation while dismissing a petition filed by a Chinese national requesting extension of her stay after she was issued a ‘Leave India Notice’, which followed a series of exit permits.

Devious strategies

Justice Krishna S Dixit observed several instances where overstaying foreigners adopted devious strategies, including committing bailable offences, to perpetuate their stay in India.

The court said assurance can be sought from foreign countries to cancel travel documents of their citizens co-terminus with expiry of their visa so that their expulsion becomes consistent with principles of sovereignty and reciprocity.

“An appropriate provision can also be made for discouraging their entry to India on subsequent occasions, as well. This apart, the penalties/fines for overstaying aliens should be reasonably enhanced commensurate with the seriousness of the issue. It is also desirable to request the foreign states concerned to recall their nationals
immediately on the expiry of their travel documents. Precautionary measures may be many, but the policy makers need to advert to them, keeping in view all relevant factors,” the court said.

Petitioner Lin Dong was granted an e-Visa on June 22, 2019, valid for 365 days, subject to condition that the ‘continuous stay during each visit should not exceed 180 days’. She was issued the ‘Leave India Notice’ on October 30, 2019, and a series of exit permits, the latest being on November 11, 2021.

The court dismissed the petition observing that the rights of aliens on foreign soil are granted by the host country and no alien can lay a claim for more rights.

The court further said the competent authorities in their discretion may conditionally permit the petitioner to stay in India till the first flight to China is scheduled and not beyond that.

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