MUMBAI: Bombay HC’s vacation bench recently denied interim relief against deportation to an Ethiopian national, who has eight children and has allegedly resided without a valid visa in India since 2017. The woman has claimed that she “is likely to be executed” if she is sent back home.Justice Sandesh D Patil on the vacation bench said on Jan 2 that the authorities were duty-bound to remove those overstaying without a visa, but posted the matter for further hearing before the regular court on Jan 13. HC was informed that the woman has been in a police station in lieu of a ‘deportation cell’ since Dec 17, 2025, and that her husband and children, including an infant, are in Delhi. Seeking urgent protective orders against the deportation process initiated by Foreigners Regional Registration Office (FRRO), Mumbai, the woman’s counsel, Shravan Giri, said she came to India on a medical emergency visa for her husband’s illness in 2017 and committed no crime. The only allegation is that she overstayed in India, said Giri, adding that the woman had already applied to United Nations High Commissioner for Refugees (UNHCR) and would go home the moment she is granted refugee status. Advocates Manisha Jagtap and Yashashree Raut for FRRO said “UNHCR refugee card status is not recognised under Indian law, as India is not a signatory to the 1951 Refugee Convention or the 1967 Protocol”. According to the immigration officer’s affidavit, the woman arrived in Delhi in July 2017 on a medical attendant sticker in connection with her son. She, her husband and six children, all Ethiopian nationals, came to India on medical visas and, while in India, she gave birth to two more children in 2019 and 2024. FRRO said she was found overstaying illegally during a drive undertaken to detect such foreign nationals residing in Mumbai. HC said she was found only when a drive was conducted, and although her visa was valid only till Nov 8, 2017, she did not apply for an extension. It said she, thus, stayed illegally since Nov 9, 2017, in clear violation of Immigration of Foreigners Act, 2025, and prima facie, no case was made out for any relief.
