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Showing contexts for: Refugee convention in Neima Farah Awi vs Union Of India on 2 January, 2026Matching Fragments
6. I have considered the submissions of the parties. The Petitioner had entered India on 13 th July, 2017 having Medical Attendant Visa in connection with her son. The Visa was valid from 9th May, 2017 till 8th November, 2017, as stated by the Respondents in paragraph 13 of the affidavit in reply dated 1 st January, 2026. Even after expiry of Visa, the Petitioner has over- stayed. She has not applied for extension of Visa, nor she had gone back to her country of origin after Visa was expired. It is pertinent to note that it is only when the drive was conducted by local police, they found that the Petitioner was living illegally in India and that she was not an Indian national. The Petitioner thus has been staying illegally in India from 9 th November, 2017. This over-stay is clearly in violation of Section 3(1) of the Immigration of Foreigners Act, 2025. Further as per Section 7 of the said Act, 18-wpst26596-25.doc the concerned Authority was duty bound to remove the Petitioners, who were over-staying without valid Visa. As far as the contention of the Petitioner regarding UNHCR Refugee status is concerned, learned counsel for the Respondent on instructions from the officer, who is present in Court, states that UNHCR Refugee card status is not recognized under the Indian Law as India is not a signatory to the 1951 Refugee Convention of 1967 Protocol.