Karnataka HC rejects Chinese woman's plea for visa extension

The Karnataka High Court has rejected the plea of a Chinese national to direct authorities for an extension of her visa and said the decision to allow staying in India until the flight services to China resumed remained with the jurisdictional authorities.

The single bench headed by Justice Krishna S. Dixit gave the order on Tuesday. The petitioner has been given a notice by the Foreigners Registration Office (FRRO) to 42-year Chinese woman Lee Dong to leave India and she has approached the court for extension of visa period. The Visa was granted to her on June 22, 2019 till August 30, 2019. The petitioner would have left India by then, the bench observed.

Her visa was extended in the backdrop of the corona pandemic till March 30, 2020. The petitioner has applied again with the authorities for further extension. Since the authorities have not taken any decision, the petitioner has approached the court, the bench said.

Foreigners can't be given more rights and facilities than they have as per international agreements. In this context, it becomes a matter of abstinence to question authorities on why she is being asked to leave the country. The bench further noted that the petitioner continued to stay in the country even without permission from the authorities.

According to law, foreigners should leave the country after expiry of their visa period. The petitioner's plea can't be considered as she is overstaying in the country. It is left to the discretion of the concerned authorities to take a call on allowing her to stay until flight services to China resumes, the bench stated.