The Supreme Court on Monday refused to entertain a Nigerian national's plea for setting aside the levy of fees for the issuing of exit permits to her four children.
The vacation bench of Justices MR Shah and Aniruddha Bose asked the petitioner Chioma Monica Austin Ogueri to approach the concerned High Court with her grievances.
Chioma Monica Austin Ogueri, in her plea filed through advocate A. Selvin Raja, has said that the Ministry of Home Affairs, Bureau of Immigration and the FRRO Bangalore have levied a total fee of Rs. 4,34,000 only for issuing exit permits to three of her children.
The petitioner is a Nigerian national, and mother of 4 minor children all below 12 years of age.
"The petitioner is a Nigerian national who came to India on a valid Student Entry Visa. While in India, the petitioner started to pursue a degree in nursing from Banaswadi College of Nursing, Bangalore, which is ongoing at present. The petitioner gave birth to 4 children in India, who are all below 12 years of age, at present. It is important to note that all the children were issued a birth certificate by the relevant municipal authority and were issued passports by the Nigerian Embassy, New Delhi," the petition said.
On February 13, 2022, the petitioner was granted an Exit Permit on her application. On March 08.03.2022, the petitioner applied for Exit Permits for her three children.
The petitioner applied the Exit Permit for her youngest child, who is 7 months old on March 24.
As per the petition, section 2 of the Registration of Foreigners Order, 1957, provides that the provision of the Registration of Foreigners Act, 1939, shall not apply to children below 16 years.
The regulations applicable to foreigners in India as prescribed by the Ministry of Home Affairs on its website clearly say that children below the age of 12 years are exempted from the requirement of registration.
The petition thus highlighted that "it is clear from the above order and the regulations that the children in question here, who are all below 12 years, cannot be subjected to a fine for the issue of exit permit since they were never registered at the first place for being exempted."
"Hence, in the absence and exemption of registration, there is no question of any actual fees and/or penalty fees.
Thus, the exit permits are liable to be released in favour of the petitioner's 4 children on an immediate basis enabling them to leave India with their mother, " the petition said.
( With inputs from ANI )
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