Have a valid India visa? Delhi HC says it still doesn't guarantee entry

A valid multiple-entry tourist visa does not automatically entitle a foreign national to enter India, the Delhi High Court has ruled, clarifying that the final decision on admitting visitors rests with the government. The court said that holding a visa, even one valid for several more years, does not guarantee entry into the country.

The observation came from a seven-page order issued on November 5 and made public on Tuesday. Justice Amit Mahajan made the remarks while hearing a plea filed by a US citizen who sought directions to the Centre to allow her entry into India.

What did the Delhi High Court say?

The court held that granting visas, refusing entry and issuing immigration clearance fall within the sovereign powers of the State. Such decisions involve considerations of national security, foreign policy and administrative discretion.

“The petitioner, being a foreign national, cannot claim an enforceable right to be granted a visa or to be permitted entry into India merely on the basis that she had earlier been issued a multiple-entry Tourist Visa or that the said visa was stated to be valid until 27.11.2032. The possession of a visa does not, by itself, confer an absolute or unconditional right of admission into India,” it said.

The bench also observed that the Centre could examine all relevant circumstances before deciding whether to permit a foreign national to enter India.

Why was the US citizen denied entry?

The petitioner said she received a multiple-entry tourist visa on November 28, 2022, valid until November 27, 2032. However, while departing from Chennai airport on January 23, 2024, she was informed that her total stay in India during 2023 had crossed the permitted 180-day limit. She claimed to have paid the prescribed penalty but was not given an exit permit.

On arriving at Bengaluru airport on November 4, 2024, she was denied entry and allegedly told that she could return only after April 9, 2026.

She later sought a 60-day e-Medical/AYUSH Visa for supervised Panchakarma treatment at Vaidyagrama Ayurveda Healing Village in Coimbatore. Her application, submitted on June 6, was rejected without reasons being provided, she said.

Court refuses to intervene

Dismissing her petition, the court said: “Even otherwise, it is not the function of this Court, in exercise of judicial review, to substitute its own assessment for that of the competent authority in a matter concerning admission of a foreign national.”