The Karnataka High Court has upheld the Centre’s authority to issue a “Leave India Notice” to a foreign national who is found to be residing in India on an employment visa that was obtained by fraudulent means. The Court emphasised that visas issued on the basis of misrepresentation lose their validity, and the State has the power to require such individuals to leave the country.
In the case before the Court, a foreign national had entered India on the basis of an employment visa. During subsequent verification, it was found that the visa application contained false information and that the individual did not genuinely meet the conditions under which the visa was granted. In response, the Union of India issued a Leave India Notice directing the person to depart from the territory of India.
The foreign national challenged this action before the High Court, arguing that the notice was unjustified. However, the Court rejected the challenge, noting that the issuance of visas is a sovereign function and that misrepresentation or fraud in obtaining a visa justifies the action taken by the government.
The Court clarified that when a visa is procured through fraudulent means, it cannot continue to confer lawful status on the foreign national. Therefore, the government’s decision to issue a Leave India Notice in such situations is valid and falls within its regulatory powers over immigration and border control.
