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Tuesday, October 6, 2026

Visa doesn't create absolute right to enter India, says Delhi High Court

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Visa doesn't create absolute right to enter India, says Delhi High Court

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NEW DELHI: Delhi High Court has stressed that a foreign national does not have an inherent or legally enforceable right to seek entry into India even if granted a visa. It added the statutory framework does not treat the possession of a visa as creating an absolute and unconditional right of admission into India.Justice Amit Mahajan observed: "The statutory scheme expressly contemplates circumstances in which, notwithstanding possession of requisite travel documents, a foreigner may not be permitted to enter India on grounds, including considerations relating to national security, sovereignty and integrity of India, relations with a foreign State and public health, besides others specified by central govt.""The claim is destined to fail because there is no inherent or legally enforceable right of a foreign national to seek entry," he added. High Court's observations came while dismissing a plea by a Turkmenistan woman, seeking a direction to Centre to furnish a written speaking order giving the reasons for refusing her entry on March 25.

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