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Izuchukwu Joseph vs Foreigners Regional Registration ... on 2 March, 2023

                    $~58
                    *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +      W.P.(C) 2106/2023 & CM APPL. 7975/2023

                           IZUCHUKWU JOSEPH                                   ..... Petitioner
                                       Through:            Mr. Kanhiya Singhal & Mr. Ujwal
                                                           Ghai, Advs.

                                              versus

                           FOREIGNERS REGIONAL REGISTRATION OFFICE, DELHI &
                           ANR.                                    ..... Respondents
                                        Through: Mr. Mukul Singh, CGSC with Ms.
                                                 Ira Singh & Mr. Aditya, Advs. for
                                                 FRRO

                           CORAM:
                           HON'BLE MR. JUSTICE ANISH DAYAL
                                              ORDER

% 02.03.2023

1. This petition has been filed seeking directions to the respondent with respect to visa application of the petitioner, who is a foreign national (Nigerian citizen) and had been convicted for offences under sections 21 (c) NDPS Act, section 471 IPC and under section 14 Foreigner's Act in proceedings arising out of FIR No. 180/2015 registered at PS Crime Branch, South Delhi.

2. The petitioner has preferred a criminal appeal (Crl.A. 286/2019) before this Court which is pending adjudication. This Court vide order dated 27th August, 2021 was pleased to suspend the sentence of the petitioner subject to certain conditions during the pendency of the criminal appeal. One Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:02.03.2023 18:50:02 such pre-condition was for furnishing a valid visa by the petitioner in his favour and liberty was granted for applying for visa.

3. On the petitioner's application for visa, he was informed by email dated 10th August, 2022 that his application had been rejected and a system generated reference for the same had been intimated which simply states that the request for visa extension for application ID No. DL0203358522 has been closed.

4. Learned counsel for the petitioner contends that this system generated response does not articulate reasons for rejection of visa application, which would give an opportunity to the petitioner to address the same.

5. Learned counsel for the FRRO states that he will place a status report /short response before the next date of hearing, in order to place the reasons and other details relating to visa application of the petitioner, before this Court.

6. Learned counsel for the petitioner contends that only when he knows the reasons, at least he will be able to address the infirmities in his application. He also states that he has not been able to apply for visa considering that he had been convicted and was incarcerated.

7. A perusal of email dated 10th August, 2022 shows that the FRRO has stated the application was not found eligible for visa extension and therefore, not processed. The status report would indicate the reasons for not processing the visa extension application.

8. Learned counsel for the FRRO states that there is no further order rejecting the visa, therefore, directions by this Court in order dated 17 th February, 2023 in para 5 will have to be considered in that context.

9. List on 15th March, 2023. Status report be filed by the FRRO before the next date.

10. Order be uploaded on the website of this Court.

ANISH DAYAL, J MARCH 2, 2023/sm Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:02.03.2023 18:50:02