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Delhi High Court
Alaeldin Mohamad Awad Fadlalla Through ... vs Union Of India And Others on 26 February, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 18299/2025
Date of Decision: 26.02.2026
IN THE MATTER OF:
ALAELDIN MOHAMAD AWAD FADLALLA THROUGH SPA
HOLDER OMER AHMED MOHAMED ALI .....Petitioner
Through: Mr. Zahid Hanief Ms Shazia Kidwai
Mr Sarfaraz Nabi Lone, Advs.
versus
UNION OF INDIA AND OTHERS .....Respondents
Through: Nidhi Raman CGSC With Arnav
Mittal GP, Zubin Singh Adv., Mr.
Padam, FRROO.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The petition is for the following relief:
"a. Issue the Writ of Mandamus or appropriate writ, order whereby
respondent be directed to allow the petitioner to enter India on student
visa, after I revoking his name from the blacklist, if any, and further
permit him to complete the last year of his B.Pharma course (4 year
Course) and his Student visa be extended till completion of the said
course on the terms and conditions in accordance with Law/policies.
b. Pass any other appropriate remedy which deem fit under the
circumstance of case may be awarded in favor of petitioners."
2. The petitioner is a Sudanese national, who had been studying in India
since the year 2022. According to him, he had obtained Student VISA (S-1)
Signed By:AMIT KUMAR Signed
Signing Date:27.02.2026 By:PURUSHAINDRA
17:48:47 KUMAR KAURAV
for the purpose of pursuing B. Pharma (Four-Year) Course (Course) in India
and the same was extended four times between the years 2022 and 2024. He
has completed three years out of the four years of the Course.
3. On 24.12.2024, the petitioner applied for another extension of his
Student VISA. However, on 09.03.2025, the respondents issued an exit
permit for the petitioner to leave India. He was apprehended by the
Foreigners Registration Office/CID on 16.05.2025 before being deported to
Sudan.
4. The respondents' stand is that the petitioner, during the subsistence of
his Student VISA, voluntarily obtained a UNHCR refugee card (valid from
18.06.2024 to 17.06.2026). As per the respondents, while a Student VISA is
for temporary stay, the petitioner, by obtaining a UNHCR refugee card, has
sought to alter the character of his stay in India to a more permanent nature.
This according to the respondents, is an violation of the terms of the
petitioner's VISA.
5. They, therefore, submit that the respondents are fully empowered
under Section 7 of the Immigration and Foreigners Act, 2025 to issue
directions restricting entry of any person into India.
6. At this stage, learned counsel for the petitioner submits that he has
made an application under second proviso to clause 5 of Order 3 of
Immigration and Foreigners Order, 2025, and prays that the respondent-
Ministry be directed to consider his representation sympathetically.
7. Having considered the overall facts and circumstances, the Court
finds that, if it is permissible in law to allow the petitioner to obtain visa for
a limited period so as to enable him to complete his course, let the same be
considered by the respondents with due expedition.
Signed By:AMIT KUMAR Signed
Signing Date:27.02.2026 By:PURUSHAINDRA
17:48:47 KUMAR KAURAV
8. Let the petitioner to file a fresh representation within 15 days from
today to the concerned Ministry.
9. On receipt of the representation, le the same be decided within three
months from the date of receipt.
10. Petition stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J
FEBRUARY 26, 2026/p/amg
Signed By:AMIT KUMAR Signed
Signing Date:27.02.2026 By:PURUSHAINDRA
17:48:47 KUMAR KAURAV
