On 08-Feb-2016, at 11:39 AM, harry <[email protected]> wrote: > On 8 February 2016 at 09:36, Nikhil Mehra <[email protected]> wrote: > >> There was a recent drive to convert a PIO card to OCI. I'm assuming your >> friend is actually of Indian origin whose has foreign citizenship. Doesn't >> matter where he was born. PIO actually has more grounds for cancellation >> than an OCI. But assuming your friend acquired PIO status due to his Indian >> origin, they would at least have to give some cause because this is >> effectively a revocation of his PIO status. >> > > The person is a PIO because she is married an Indian citizen (not indian > origin), and the children are in India (with the husband). > So effectively banned from her children - there is a very clear human > rights angle. She does work for an NGO but its doing nothing controversial > like environment / human rights / religion / research / raise funds locally > etc... and the NGO itself has never received any adverse notifications or > such. > > The PIO/OCI seem like a glorified visa ...it does not grant any legal > privileges like a passport does ? >
This is an egregious case. She must file a writ before the High Court. That will, at the very least, compel the Govt to respond with an actual reason for barring entry which is required to stand up to scrutiny in court. I'm doing an OCI holder's divorce from the perspective of retaining her status, and so far I've found that an OCI needn't be returned on divorce, that it is in fact a status for life though there is no clear legal declaration by a court to this effect. A PIO oddly enough has to be surrendered on divorce. But that is not the circumstance in your friend's case. Which means they have to have a completely different reason for barring her entry. Please advise them to approach the local high court under Article 226. If they're in Delhi, I'd be happy to take this up. The OCI has many more rights beside a VISA like the right to own property, vote etc. > >> >> In your enquiries with the behemoth that is the Indian bureaucracy, has any >> reason been provided? The not giving of a reason is a great reason for >> going to court. PIO is a status conferred by legislative/executive fiat. >> Can't be snatched away in an arbitrary manner. >> >> > So far nothing official, got a friend's friend type connection to check in > the immigration system where it appears as "visa violations", which is > strange given that the person has had the PIO for a long time, so the > documents are in order. And the the question is why wouldn't they give > the reason during the deportation ? They are still trying through official > channels ... I guess legal option is when those have been exhausted. > > One immigration officer who i spoke to remarked very casually : > > " we do deportations all the time, no one complains, they are just > foreigners ... single people.. tourists. bad luck that your friend had > children left behind" > File the case. You're going to get no relief from the bureaucracy. For them to overturn this order, they would have to go against one of their own. It simply won't happen. Nikhil Mehra Advocate B.A., LL.B. (Hons.) (NLSIU), LL.M (Northwestern) Chambers of Nikhil Mehra E-348 Ground Floor | Greater Kailash - II | New Delhi 110048 +91 98107 76904 [email protected] > > >> As an aside I should mention that a foreign origin person who marries an >> Indian is entitled to PIO status as well. But they have to surrender their >> PIO card on divorce. Though there isn't total clarity on this, it appears >> the same does not apply to OCI. >> >> On Mon, 8 Feb 2016 8:48 am Suresh Ramasubramanian <[email protected]> >> wrote: >> >>> Foreign citizen + PIO so there’s a right of abode and many other rights - >>> except the right to vote among a few other things. >>> >>> Family ties to India as well. >>> >>> There’s ample scope to file a writ in the local high court. >>> >>> Agree with Badri that forking out cash to hire the local 800 lb gorilla >>> will work. >>> >>>> On 08-Feb-2016, at 1:12 AM, Badri Natarajan <[email protected]> wrote: >>>> >>>> >>>>> On 8 Feb 2016, at 01:01, Suresh Ramasubramanian <[email protected]> >>> wrote: >>>>> >>>>> Did your friend work for an ngo or was he a journalist? That's >> getting >>> very common with this current government and especially given family ties >>> in india can be challenged in court. >>>>> >>>>> Look for the case of priya pillai, a Greenpeace office bearer who was >>> prevented from leaving for London and had her passport cancelled - the >>> court passed orders for her passport to be restored and her name removed >>> from a no fly list >>>>> >>>> >>>> She was, of course, an Indian citizen, which changes the legal position >>> quite a bit. They have more discretion to mess with foreign citizens. >>>> >>>> That said, I agree: get a decent lawyer, go to the local High Court and >>> file a writ. It’s the best way of cutting through the bureaucratic >> morass. >>> No guarantee of eventual success in terms of the guy being allowed back >> to >>> India, but you’ll cut through the BS at least. >>>> >>>> One tip: it’s worth forking out the cash for a “name” Senior Advocate >> to >>> argue your case (which one will depend on which court you file in - your >>> lawyer will be able to advise you). They are NOT cheap but absolutely >> worth >>> every penny in this kind of high-stakes litigation. >>>> >>>> >>> >>> >>> >>
