In a significant ruling, a vacation bench of the Bombay High Court has declined to grant immediate protection from deportation to an Ethiopian woman, a mother of eight children, who has allegedly been living in India without a valid visa since 2017. The court, however, has scheduled a further hearing on the matter.
Court's Stance on Overstaying and Legal Process
Justice Sandesh D Patil, presiding over the vacation bench, delivered the order on January 2. The judge emphasized that the authorities are obligated to remove individuals who overstay their visas. The bench pointed out that the woman's visa was valid only until November 8, 2017, and she did not apply for an extension, thereby residing illegally from November 9, 2017.
The court noted that this was a clear violation of the Immigration of Foreigners Act and that, prima facie, no case for interim relief was made out. The matter has been posted for a detailed hearing before the regular court on January 13.
The Human Story: A Family in Limbo
The woman's counsel, Advocate Shravan Giri, presented a humanitarian plea. He informed the court that the woman, her husband, and their six children—all Ethiopian nationals—originally came to India on medical visas in July 2017. While in India, she gave birth to two more children in 2019 and 2024.
Giri argued that she came for her husband's medical emergency and committed no crime other than overstaying. He stated she has already applied to the United Nations High Commissioner for Refugees (UNHCR) for refugee status and would return home once it is granted. Crucially, her counsel contended that she "is likely to be executed" if deported to Ethiopia.
The court was informed that the woman has been detained at a police station, acting as a makeshift deportation cell, since December 17, 2025. Her husband and children, including an infant, are currently in Delhi.
FRRO's Position and India's Legal Framework
Representing the Foreigners Regional Registration Office (FRRO), Mumbai, advocates Manisha Jagtap and Yashashree Raut opposed the plea. They highlighted a critical legal point: India is not a signatory to the 1951 Refugee Convention or the 1967 Protocol. Therefore, a UNHCR refugee card status is not recognized under Indian law.
The FRRO's affidavit revealed that the woman was discovered overstaying illegally during a special drive in Mumbai to detect such foreign nationals. The authorities stressed that she was only found when this proactive verification was conducted.
This case underscores the complex interplay between immigration enforcement, international refugee protocols, and humanitarian concerns within the Indian legal system. The outcome of the January 13 hearing will be closely watched.
