- Chioma, in her plea filed through her advocate, Selvin Raja, says the Ministry of Home Affairs, Bureau of Immigration and the FRRO Bangalore levied a total of Rs. 4,34,000 (about N3million) for the permits allowing her to exit India with the children
The Indian Supreme Court on Monday refused to entertain a petition by a Nigerian national, Chioma Monica Austin Ogueri, assailing the levy of fees of Rs 4,34,000/- by the Ministry of Home Affairs and Foreign Regional Registration Office, Bangalore for issuing exit permits to three of her children.
The vacation bench of Justices MR Shah and Aniruddha Bose in which the Nigerian National had also sought for issuance of Exit Permits to all the four children on an immediate basis on setting aside / relaxing the levy of fees asked the petitioner to approach the High Court for grant of the relief.
When the matter was called for hearing, the petitioner’s counsel submitted that the petitioner was a Nigerian National who had come to India in 2014 under a valid study visa and had married a Nigerian.
The counsel further contended that the penalty was levied by the MHA without assigning any reasons for the imposition of such a penalty.
Remarking that these are all policy decisions, the bench while expressing its inclination to not entertain the petition said, “These are all policy decisions. You should go to the High Court.”
It was argued in the petition that action practically results in the denial of personal liberty.
Referring to Section 2 of Registration of Foreigner’s Order, 1957 which provides that the Registration of Foreigners Act, 1939, shall not apply to children below 16 years, it was stated in the plea 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 in 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.”
The plea further stated that there exists no statutory provision/ ordinance/ government order/ office memorandum which prescribes the manner of levying actual and/ or penalty fees for issuing exit permits.
The petition has been filed through AOR A Selvin Raja.
First published in livelaw,in, https://www.livelaw.in/top-stories/supreme-court-nigerian-national-exit-permits-levy-of-fees-mha-foreigners-200939