Delhi High Court Upholds Visa Denial to US Citizen Convicted of Sexual Offence

The Delhi High Court upheld the Union government’s refusal of an Indian visa to a US citizen who had previously been convicted of a sexual offence.

Background

Dhanraj Rajendra Patel, born an Indian citizen, later acquired US citizenship. He was deported after arriving on an e-visa in 2022 and challenged subsequent refusals of entry.

Legal issue

He argued that his marriage to an Indian citizen entitled him to an entry visa and complained that the authorities had not adequately explained the decision.

Court’s approach

Justice Amit Mahajan held that visa issuance is a sovereign function involving security, foreign policy and administrative discretion. The Court also noted nondisclosure of an earlier Gujarat High Court proceeding.

What follows

The refusal was sustained. Marriage to an Indian citizen did not confer an automatic right of admission in the circumstances.