Karnataka HC dismisses Iraqi national's petition seeking to enter India citing visa violations

Bengaluru: The High Court of Karnataka has blocked efforts by an Iraqi national to gain entry into India, citing visa violations and his blacklisted status.

Sagad Kareem Ismael had allegedly altered the spelling of his name, tampered with his visa sticker, and made questionable claims of needing medical treatment to circumvent his blacklisted status for overstaying during previous visits.

The 33-year-old from Iraq capital Baghdad had filed a petition through his “special power of attorney holder”, Muntandher Ahmed, from here. He sought a directive to the Ministry of External Affairs to grant him a visa for medical treatment as per his February 2024 application.

Justice M Nagaprasanna, noting Ismael’s repeated attempts to re-enter India despite his blacklisted status for overstaying, dismissed the petition, deeming the medical treatment claim as “dubious.”

Ismael first arrived in Bengaluru in 2012 to pursue a pharmacy course but overstayed his visa by 11 months, leading to his blacklisting until May 2019.

Despite futile attempts to return during the blacklisted period, he was allowed back twice on medical visas but again overstayed, resulting in further blacklisting.

In 2020, he filed a petition challenging the visa rejection, but it remained unresolved due to improper filing.

In an effort to re-enter India, Ismael allegedly altered the spelling of his name and obtained a new passport, alongside a medical certificate from a Baghdad hospital recommending treatment in Bengaluru.

However, his visa application was rejected due to his blacklisted status. He then executed a special power of attorney in favour of the 22-year-old Ahmed to file the present petition, which the court found invalid in India.

The court also advised the Foreigners’ Regional Registration Office to scrutinise hospital recommendations for medical visas more carefully.