The Bombay High Court sharply criticized a refugee who has overstayed his welcome in India, advising him to consider relocating to Pakistan or any Gulf country instead of taking undue advantage of Indian hospitality. The admonition came as the court responded to a Yemeni national, Khalid Gomei Mohammad Hasan, who has been in India beyond the permitted duration and recently challenged a ‘Leave India Notice’ issued by Pune Police.
Justices Revati Mohite Dere and Prithviraj Chavan presided over the hearing. “You could move to Pakistan, which is nearby, or any Gulf country. Do not misuse the lenient approach of India,” the judges remarked, reflecting their irritation with the misuse of the country’s liberal refugee policy. Hasan has been residing in India for the past ten years, seeking refuge from the severe humanitarian crisis in Yemen that has displaced over 4.5 million people.
Hasan arrived in India on a student visa in March 2014, and his wife joined him in 2015 on a medical visa. Their visas expired in February 2017 and September 2015, respectively, and despite this, they have continued to stay in the country. This year, Pune Police reissued the ‘Leave India Notice,’ initially handed to them in April, demanding their departure within 14 days.
During the court proceedings, Hasan appealed for protection against deportation at least until he could secure a visa to Australia. He argued that returning to Yemen, amidst its ongoing crisis, would be inhumane.
The court’s counsel, Sandesh Patil, supported by Pune Police, suggested that Hasan could relocate to one of the other 129 countries that accept refugee cardholders, underlining that the court could only offer him protection for another 15 days.
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Furthermore, the court raised questions about the nationality of Hasan’s daughter, who was born in India. Patil explained, “My lords, a child can automatically obtain Indian nationality if one parent is Indian. Here, both parents are from Yemen, and the child was born after their visas had expired, meaning the parents are considered illegal migrants, and thus, the child cannot be granted Indian citizenship.”
