Delhi High Court grants exit permit without penalty to foreign national despite visa expiry [Read Order]

New Delhi: The Delhi High Court has issued significant directions regarding the grant of an exit permit to a foreign national, addressing concerns about visa expiry and Form-C requirements.

Justice Sachin Datta presided over a case involving a petition filed by Ahlaia Nohina, who sought an exit permit to return to Germany, her country of temporary residence.

Delhi High Court Allows Exit Permit Despite Visa Expiry: Key Details

The court noted that the primary obstacle to granting the exit permit was the non-uploading of Form-C by the hotel where the petitioner had previously stayed in Chennai. Currently, the petitioner is residing at a private residence in Delhi.

The counsel for the respondents assured the court that once the current residence owner submits Form-C on the FRRO e-portal, the Delhi FRRO office would process the exit permit request expeditiously, subject to necessary inquiries.

No Penalty for Visa Overstay Under Unique Circumstances: HC Ruling

Addressing the visa expiry issue dated January 6, 2025, the court noted that no penalty would be imposed as the overstay period had not exceeded 15 days. This exemption was conditional upon the petitioner submitting Form-C and supporting documents (passport and visa) within 48 hours.

Considering the unique circumstances that prevented the petitioner’s timely departure, the court directed that no penalty under Section 14 of the Foreigner’s Act, 1946, be levied for the overstay.

Additionally, the court mandated that, upon the grant of the exit permit, the petitioner should be given 72 hours to arrange travel to Germany.

The petitioner was represented by Mr. Vivek Tiwari, Mr. Aditya Trivedi, and Ms. Subhi Pastor, while Ms. Nidhi Raman, CGSC, along with Mr. Zubin Singh and Mr. Arnav Mittla, appeared for the Union of India.

Case Title: Ahlaia Nohina vs. Union of India & Ors.
 

[Read Order]