Overview
- Justice Suraj Govindaraj on February 9 dismissed Christopher Charles Kamolins’ challenge, calling it infructuous given his departure, visa expiry, and later grants of fresh visas.
- The FRRO issued the June 19, 2019 Leave India Notice after an inquiry triggered by a complaint and supported by the employer’s admission of irregular recruitment.
- The court said an employment visa is a conditional permission designed to protect the domestic labour market, and a false sponsor declaration renders it void ab initio.
- Treating the order as expulsion rather than visa cancellation, the court affirmed that Section 3(2)(c) allows directing a foreigner not to remain in India even during a visa’s subsistence.
- On procedural fairness, the court found notice to the employer sufficient where determinative facts lay with the sponsor and noted Kamolins’ 2020 business visa and 2024 tourist visa undermined claims of blacklist or stigma.