Mumbai, April 1: Considering that authorities have stated there is no material to indicate that a Yemeni national, who is married to an Indian and has two children, poses a threat to national security, the Bombay High Court has directed the concerned authorities to expeditiously consider his pending visa extension application.
Petition and court direction
A bench of Justices Sarang Kotwal and Sandesh Patil disposed of a petition filed by Fahd Redhwan Abdullah Saeed’s wife, Harjinder Kaur, seeking direction to the authorities to expeditiously process his application for Overseas Citizen of India (OCI).
The court noted that the issue of Fahd’s earlier restriction order – passed in November 2023 under the Foreigners Order, 1948 – no longer survives, as he is not under any movement restrictions at present. However, his continued stay in India without valid documentation remains contentious.
Background and immigration status
The Foreigners Regional Registration Office (FRRO) and the Union government submitted that Fahd had entered India on a spousal visa granted in November 2013, valid till November 2014, but failed to comply with certain procedural requirements, including timely registration. Though a registration certificate was later issued, it expired along with the visa, and no extension was granted thereafter.
Fahd was issued a fresh passport in 2021, valid till 2027, and he applied for an Overseas Citizen of India (OCI) card. However, the procedure was delayed due to the civil unrest in Yemen. In October 2023, he was recognised as a refugee by the UNHCR.
Authorities’ stand
The authorities argued that Fahd has since been residing in India without valid authorisation. At the same time, they informed the court that his application dated August 30, 2024, seeking visa extension is pending and could be decided if directed by the court.
In its detailed order, the HC recorded the statement made on instructions that “Authorities have not found any material to show or indicate that Fahd is a threat to National Security.”
Humanitarian considerations
Taking note of this, as well as his long residence in India with his Indian citizen wife and two minor children, the court directed the authorities to decide his visa extension application “as expeditiously as possible and preferably within eight weeks.”
The bench further observed that while statutory requirements under the Citizenship Act, 1955 must be fulfilled, the Centre also has “wide powers… to register a person as an overseas citizen of India card holder in special circumstances.”
Highlighting the humanitarian aspect, the court said authorities should consider the fact that denial of legal status may result in permanent separation from his family. “The law will have to take its own course… with humanitarian ground as a background,” the bench noted.
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Interim relief
The court also granted interim protection, directing that no coercive steps be taken against Fahd until his application is decided and for four weeks thereafter in case of an adverse order.
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