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aviramv@yahoo.com (aviramv@yahoo.com)     19 April 2011

Deportation case of Fiancee

Dear all,

I seek help from you folks to guide me on a life turning matter. My fiancee, who is an Iranian national was deported from the country in 2008 on the grounds that she submitted a fake certficate for Visa extension back then. Its a long story how she was cheated by some touts and unknowingly committed this crime. The main issue is that the FRO office in Pune specifically told her that she can apply for a fresh visa in Iran and return to India to continue her education. She did that and was granted a visa, but was turned back from Bombay airport, because she was not only deported but also blacklisted. AT that stage, neither she or I was aware of this and the order from the FRO only mentions about deportation and not about any blacklisting.

I have been working on this case myself for two years now, and our formal appeal with the Ministry of Home Affairs is under scrutiny, and though we are hopeful, we were preparing to file an appeal with the court (High Court) against the deportation and blacklisting. We could have married and filed the appeal, but Iranian law does not recognize any law but its own Shariah law, and we don't want to marry as per that law. I have all the details that one can possible need on this matter. Just to add, she has no FIR or case filed against her in India, but neither is a case filed against the 'agent' who cheated her, because the police refused to help her too much, and due to other difficulties faced by a single foreign woman in another land.

Until now, the lawyers in my immediate circle were absolutely clueless about how to deal with this sort of a case. So I request if any of you could help us with this matter. I want a lawyer who can help me appeal against this order and blacklisting in the High Court (or whichever court appropriate). Could some one please respond?

Regards,

Aviram

 



Learning

 2 Replies

Tajobsindia (Senior Partner )     20 April 2011

@ Author

@ Legal


1. She is suggested to file a Writ under Art. 226 / 227 COI before Mumbai HC.
2. Mumbai HC have no shortage of such ld. Sr. Adv. and day in day out they handle such cases. Make a trip to Mumbai to discover one such accomdating Sr. Advocate passionate of taking such Foreign Student(s) Rights cases.
3. BTW you can't be party in such Writ since there is no legal relationship between you two till date!

1 Like

aviramv@yahoo.com (aviramv@yahoo.com)     20 April 2011

Thank you for your reply sir. Yes I am aware I cannot be party to this case formally, but obviously I have to deal with things here as she can't come into the country! On a personal note, would you know any lawyer who could help me with this?

 

Regards,

Aviram


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