BENGALURU: Issuance of a show-cause notice by the Foreign Regional Registration Officer (FRRO) to the employer satisfies the procedural requirement of fairness in cases of employment visa sponsorship where the alleged misrepresentation pertains to the employer’s statutory declarations, and hence the visa beneficiary employee cannot claim an additional independent hearing where the determinative facts lie beyond his personal domain and stand admitted by the sponsor.
Justice Suraj Govindaraj passed the order, dismissing the petition filed by an Australian citizen, Christopher, in 2019, questioning the Leave India Notice (LIN) dated May 1, 2019, issued by the FRRO, directing him not to remain in India.
Stating that the impugned LIN does not suffer from illegality, the court said that, in any event, the petition has been infructuous due to subsequent events, including the petitioner’s departure from India, expiry of the Employment Visa, and grant of fresh visas.
Contending that the Employment Visa was secured through suppression and misrepresentation, the central government submitted that the petitioner’s employment Visa was valid only until January 7, 2020. Upon the petitioner’s exit from India on November 15, 2019, and the subsequent expiry of the Visa by efflux of time, the LIN stood exhausted and became functus officio.
It was contended by the petitioner that the issuance of LIN is arbitrary and procedurally improper, as he was not put on notice nor granted an opportunity to explain his position prior to the issuance, which is a violation of principles of natural justice.