Delhi High Court
LEGAL SUBJECT
Immigration and Citizenship Law
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Bombay High Court
An exit permit is unsustainable where no breach of express visa conditions is established.
The petitioner, a Taiwanese national, initially held an Employment Visa to work with Maxxis Rubber India Pvt. Ltd. The visa was extended until 12 November 2025. During his employment, he pursued online academic course...4 MIN READ↗
Bombay High Court
A foreign national’s exit permit cannot stand absent an established visa-condition breach.
The petitioner, a Taiwanese national, entered India on an Employment (E-2) Visa to work for Maxxis Rubber India Pvt. Ltd. The visa required registration within fourteen days and prohibited entry into restricted or can...3 MIN READ↗
High Court of Meghalaya
Foreigner’s acquittal under Sections 468/471 IPC does not mandate exoneration under Section 14 of Foreigners Act.
The petitioner, a Nigerian citizen married to a local lady with a minor son, came to India and played professional football in Delhi and later Shillong3 MIN READ↗
Delhi High Court
Non-citizens cannot be appointed guardians of persons with disabilities, but may nominate an Indian citizen as co-guardian.
Appellant No. 2 suffers from 100% locomotor disability due to Cerebral Palsy, seizures, and mental retardation2 MIN READ↗
Supreme Court
### Ex Parte Foreigner Declarations Require Reasoned Adjudication and Meaningful Opportunity Despite Statutory Burden of Proof
The Supreme Court heard a batch of appeals (both civil and criminal) arising from opinions rendered by Foreigners Tribunals (FT) in Assam, affirmed by the Gauhati High Court.3 MIN READ↗
High Court of Sikkim
Renunciation of former nationality is a mandatory precondition for naturalisation as a Sikkim Subject by domicile.
The Petitioner, a descendant of the late Padam Bahadur Bhujel, challenged the rejection of his application for a Citizenship Certificate and the inclusion of his name in the Sikkim Subject Register2 MIN READ↗
Gauhati High Court
Electoral documents and inconsistent oral testimony without statutory electronic certification fail to discharge burden of proving citizenship.
The petitioner, Aminul Hoque, challenged an opinion dated 28.02.2019 passed by the Foreigners Tribunal No. 4, Kamrup (M), which declared him a foreigner.2 MIN READ↗
Gauhati High Court
UNEXPLAINED INORDINATE DELAY IN CHALLENGING FOREIGNER TRIBUNAL OPINION FATAL TO WRIT JURISDICTION DESPITE CLAIMS OF CITIZENSHIP
The petitioner, Samiran Nessa, was referred to the Foreigners Tribunal Number-6, Barpeta, after the Electoral Registration Officer doubted her citizenship during a 1997 local verification where she failed to produce d...2 MIN READ↗
Gauhati High Court
Failure to prove linkage through admissible evidence and non-disclosure of material facts in pleadings disentitles claim to citizenship.
The petitioner, Hasina Begum, challenged an opinion dated 15.06.2018 (sic) by the Foreigners Tribunal, Kamrup (Rural) No. 1, which declared her a foreigner of the post-25.03.1971 stream3 MIN READ↗
Gauhati High Court
Burden of Proof in Citizenship Claims is Not Discharged by Unlinked Documents or Unproven Mental Illness
The petitioner challenged the opinion of the Foreigners Tribunal-5th, Morigaon, dated 28.03.2017, which declared him a foreigner of the post-25.03.1971 stream3 MIN READ↗
Gauhati High Court
Translated copies of electoral rolls are inadmissible as secondary evidence in citizenship proceedings.
The petitioner was referred to the Foreigners Tribunal by the Superintendent of Police Border, Bongaigaon, under Reference No. BNGN/FT/1663/2003 on suspicion of being an illegal migrant2 MIN READ↗
Gauhati High Court
Application for Passport Renewal is Person-Specific and Cannot be Refused Based on Relatives' Legal Proceedings
The petitioner is the wife of Mohammed Najim Uddin Chowdhury, an Indian citizen working in Saudi Arabia whose passport (issued in 2016) was set to expire on 27.01.20262 MIN READ↗
Gauhati High Court
Failure to establish documentary linkage with an ancestor despite consistent name discrepancies precludes discharge of burden under Section 9 of the Foreigners Act.
The petitioner, Md. Jakir Ali, challenged an opinion dated 09/05/2019 by the Foreigners Tribunal No. 2, Nalbari, which declared him a foreigner of the post-25/03/1971 stream2 MIN READ↗
Delhi High Court
International travel of child during visa transition may be restricted to protect immigration status and welfare.
The Appellant (mother) challenged a Family Court order dated 05.06.2026, which allowed the Respondent (father) to bring their minor child from the USA to India for summer vacations2 MIN READ↗
Delhi High Court
Successive look out circular suspension permitted upon establishing previous compliance and professional necessity despite ongoing investigation.
The applicant, Karandeep Singh, filed an application (CRL.M.A. 15232/2026) seeking a temporary suspension of a Look Out Circular (LOC) issued against him on December 18, 2020.2 MIN READ↗
Gauhati High Court
Service of Foreigners Tribunal notice in official state language satisfies due process despite lack of English translation.
The petitioner was declared a foreigner of the post-1971 stream via an ex parte opinion by the Foreigners Tribunal 3rd, Nagaon, on 10.05.2018.2 MIN READ↗
Gauhati High Court
Burden of proving citizenship rests solely on the proceedee regardless of rebuttal evidence under Foreigners Act.
A reference was made by the Superintendent of Police (B), Morigaon, against the petitioner, leading to F.T. Case No. 07/20172 MIN READ↗
Gauhati High Court
Linkage Documents and Specific Pleadings Are Essential to Discharge the Burden of Proof Under Section 9.
The petitioner challenged an opinion dated 30.07.2019 passed by the Foreigners Tribunal No. III, Barpeta, which declared her a foreigner post-25.03.19713 MIN READ↗
Gauhati High Court
Burden of proving citizenship rests solely on the proceedee regardless of investigation flaws or oral testimony.
The petitioner, Sukuron Nesa, challenged an opinion dated 09.08.2019 passed by the Foreigners Tribunal No. 2nd, Dhubri, which declared her a foreigner post-25.03.1971.2 MIN READ↗
Gauhati High Court
Burden of Proving Citizenship Rests Solely on Proceedee Despite Vague Pleadings or Proffered Unlinked Documents
A reference was made by the Superintendent of Police (B), Bongaigaon, against the petitioner, suspecting him to be a foreigner2 MIN READ↗
Gauhati High Court
Oral Testimony Without Corroborating Contemporaneous Documentary Evidence Cannot Establish Citizenship Under Foreigners Act Section 9.
The petitioner was the subject of a reference made by the Superintendent of Police (B), Nagaon, questioning her citizenship (F.T. Case No. 1184/2011)2 MIN READ↗
Kerala High Court
Passport Authorities Cannot Insist on Court Divorce Decrees for Deleting Spouse Names in Cases of Extra-Judicial Divorce.
The 1st petitioner sought the reissue of her passport to delete her former husband’s name (the 2nd petitioner) and change her surname following a mutual divorce.2 MIN READ↗
Gauhati High Court
Review Petition Lacks Merit Where Delay and Negligence Remain Unexplained Despite Claims of Counsel Misconduct
The petitioner was declared a foreigner who entered India post-March 25, 1971, by the Foreigners’ Tribunal, Jorhat, via an ex parte opinion dated March 13, 20213 MIN READ↗
Gauhati High Court
Unexplained delay and laches preclude review of an ex parte Foreigners’ Tribunal opinion under Article 226.
The petitioner was declared a foreigner who entered India post-25.03.1971 by an ex parte opinion dated 13.03.2021 passed by the Foreigners’ Tribunal (FT), Jorhat2 MIN READ↗
Delhi High Court
Passport Authorities cannot insist on court-specified validity periods for renewals during pending criminal proceedings.
The Respondent, an accused in a pending criminal case under the Indian Forest Act, 1927, applied for the renewal of his passport3 MIN READ↗
Gauhati High Court
Failure to produce contemporaneous records or establish parental linkage through cogent evidence justifies declaration of foreigner status.
The petitioner, Sahar Vanu Nessa, challenged an order dated 13.03.2019 passed by the Foreigner’s Tribunal No. 7, Barpeta, which declared her a foreigner post-25.03.19712 MIN READ↗
Gauhati High Court
Burden of Proof for Citizenship Rests Solely on Proceedee Despite Discrepancies in Electoral Records
The petitioner challenged an order dated 20.05.2019 passed by the Foreigners Tribunal No. 11, Barpeta, which declared her a foreigner post-25.03.19712 MIN READ↗
Gauhati High Court
Failure to Establish Parental Linkage via Cogent Evidence and Contemporaneous Records Discharges the Burden Under Section 9.
The Superintendent of Police (B), Barpeta, referred the petitioner to the Foreigners Tribunal No. 7th, Barpeta, leading to FT Case No. 295/20163 MIN READ↗
Gauhati High Court
Oral testimony and unauthenticated certificates are insufficient to establish linkage for citizenship under the Foreigners Act.
The petitioner challenged the judgment dated 28.02.2019 passed by the Foreigners' Tribunal No. 5, Darrang, which declared her a foreign national of the post-25.03.1971 stream2 MIN READ↗No articles match these filters.