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Business News›News›India›Foreign nationals don't have inherent right to seek entry into India: Delhi HC

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Foreign nationals don't have inherent right to seek entry into India: Delhi HC
Synopsis

Delhi High Court has ruled that foreign nationals do not have an inherent right to enter India. The court stated that holding a visa does not guarantee unconditional entry into the country. A woman's plea for entry was dismissed after concerns about her travel history were raised.

Agencies

New Delhi: The Delhi High Court has held that a foreign national does not have an inherent or legally enforceable right to seek entry into India.



The high court also said the statutory framework does not treat the possession of a visa as creating an absolute and unconditional right of admission into India.



"…the statutory scheme expressly contemplates circumstances in which, notwithstanding possession of the requisite travel documents, a foreigner may not be permitted to enter India on the grounds specified therein, including considerations relating to national security, sovereignty and integrity of India, relations with a foreign State and public health, besides such other grounds as may be specified by the Central Government," Justice Amit Mahajan said in an order passed on September 30.

The woman said she was possessing a valid passport and business visa but she was denied entry and made to return to Turkmenistan while her husband, who was travelling with her, was permitted to enter India.



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The plea was opposed by the authorities who said that a foreigner does not possess any vested or indefeasible right to enter the territory of India merely by virtue of being in possession of a valid visa.



The authorities' counsel contended that grant of a visa and the permission to enter India are distinct matters, and the latter remains subject to the statutory regime governing immigration and the powers vested in the competent authorities.



The counsel said adverse inputs had been received regarding her after which the competent immigration authority formed the view that her entry into India ought not to be permitted.



It was stated that the decision was taken in the interest of national security and public order. The authorities said the travel history of the woman revealed that she had undertaken 47 visits to India in 2025, predominantly for short durations ranging between approximately one to three days, and that she had travelled on both business and medical visas.



According to the respondents, the pattern of travel gave rise to concerns which required examination by the immigration authorities.



The court, after perusing the documents placed on record by the authorities, noted that there was a mismatch in the details of parentage and spouse; as regards the purpose of visit she does not have a business card or any invitation letter; she failed to provide details related to her business in her country; got issued a business visa but has claimed herself to be a 'housewife'.



"Considering the totality of circumstances and the material placed forth, the petitioner's claim is destined to fail because there is no inherent or legally enforceable right of a foreign national to seek entry into India," Justice Mahajan said.

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Delhi High Courtforeign nationals entry into Indiavisa issuance and immigrationnational security and immigrationTurkmenistan national denied entrysovereign function of statepublic health and immigration policiesforeign travel history concernslegal rights of foreigners in India

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