Foreigners don’t have inherent right to seek entry into India: HC

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 court said issuance of a visa or refusal of entry or granting clearance of immigration is a sovereign function of the State that is embedded in considerations of national security, foreign policy and administrative discretion.