HC refuses to set aside Nigerian man's deportation after expiry of his medical visa

The Delhi High Court has refused to set aside the deportation order for a Nigerian national, who was staying here even after expiry of his medical visa in 2015.

The court dismissed the plea of a pregnant Indian woman who urged that her husband, a foreign national, be allowed to stay here and that his visa be extended on payment of penalty.

"Undoubtedly, the petitioner (woman) has presented certain mitigating circumstances. However, except sympathising with her condition, this court is unable to provide any relief to the petitioner," Justice Vibhu Bakhru said.

The man had arrived in India on March 16, 2015 on a medical visa, that was issued to him in Lagos by the Indian High Commission. It was valid for one month from March 4 to April 3, 2015.

He had claimed in the visa application that he was suffering from stomach tumour and visiting India for treatment at a hospital in Gurgaon.

The Foreigners Regional Registration Office (FRRO), which had passed the deportation order, submitted before the court that the Nigerian in his visa form had indicated himself to be married.

However, the woman claimed she got married to the man in November 2017 as per Hindu rituals and they have a son.

The woman said that she and her child were dependent on her husband who was apprehended in October 2018 and is presently lodged in a deportation camp at Lampur border in Narela. The authorities are in the process of deporting him to Nigeria.

She said she was pregnant and it would be harsh on her, if the man is deported to his country.

The court noted that the man had obtained the medical visa by giving false information and there was no material to show that he was suffering from stomach tumour or that he visiting any hospital here.

"The man was issued a visa only for limited purpose. Thus, the question of extending it on payment of penalty does not arise, as the visa itself is liable to be cancelled as having been obtained by misrepresentation," it said.

The court said it was unable to accept that any interference with the decision of the authorities was warranted.

It said that in terms of the provisions of the Citizenship Act, 1955, a spouse of foreign origin of a citizen of India would be entitled to an Overseas Citizen of India Card.

However, the pre-condition for the same is that the marriage should have been registered and should have subsisted for a continuous period of not less than two years immediately providing the presentation of an application under Section 7A of the Citizenship Act, 1955, it said.

"Plainly, the benefit of this provision is also not available to the man as the petitioner's marriage with him is not registered," the court said.