Mumbai: In a landmark judgment, Bombay HC has ruled that a foreign national has no fundamental right to a visa to stay in India.
Dismissing an application filed by Israeli businessman Hillel Shapira seeking extension of his business visa, a division bench of Justices B H Marlapalle and R Y Ganoo on Saturday upheld the order of the Union government to deport him.
"No foreigner, whose request for a visa or its renewal has been rejected, has a right to be heard," said the judges, adding, "Once Shapira`s application for extension of business visa has been rejected, the inevitable result is that he has to leave this country and he does not have any vested right for extension of his visa."
Shapira arrived in India on a business visa in 1996. He set up Daikini Health Food Private Ltd in Pune and continued to be based there as his visa was extended from time to time. The last time he applied for an extension of his visa was in June 2006.
In April 2009 he heard from the authorities rejecting his plea and ordering him to leave India. The Union government and passport authorities referred to Shapira`s income-tax returns for the last three years which revealed that his total income was Rs 1 lakh per annum.