Indian Court Rejects Visa Extension Appeals by Two Nigerians
- Jan 31
- 1 min read
An Indian appellate court has dismissed attempts by two Nigerian nationals to overturn the cancellation of their student visas and secure their release from a foreigners’ detention facility in India.
The case was heard at the Karnataka High Court in Bengaluru, where Obinna Okafor and John Vandefan challenged an earlier ruling that denied their requests for visa renewal and invalidated their stay in the country.
In its judgment, a two-member panel led by Chief Justice Vibhu Bakhru ruled that foreign nationals cannot claim a legal entitlement to remain in India once their visas are withdrawn. The court stressed that constitutional freedoms related to movement and residence apply exclusively to Indian citizens.
The judges further held that the Indian government is not obligated to justify its decision when it refuses to grant or extend a visa, describing visa issuance as a sovereign matter entirely within the state’s discretion.
Court documents indicated that Indian authorities had revoked the Nigerians’ visas following allegations linked to drug-related activities and the use of another individual’s passport. The court also took note of inconsistencies in their student status, including being found in Bengaluru while reportedly enrolled at an institution in Tamil Nadu.
Counsel to the appellants argued that their detention and movement restrictions were imposed before their visas expired and without due process, allegedly violating constitutional guarantees of equality and personal liberty.
However, the court rejected these claims, concluding that the appellants had no enforceable right to remain in India or demand a visa extension once their permits were cancelled, thereby affirming the earlier ruling.
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