Centre agrees to consider Afghan dry fruit trader’s request for business visa extension as ‘exception’ and ‘one-time measure’

Ali Ahmad Nazari has to submit a fresh application to the Foreigners Regional Registration Office within three days.

The petitioner, Ali Ahmad Nazari, has to now apply with a fresh application before the Foreigners Regional Registration Office (FRRO) in three days, following which a decision will be taken on the application within two weeks, the Centre informed Justice Sachin Datta on November 6. (Express Photo)

The Centre, as an “exceptional case and as a one-time measure” has agreed to consider an Afghan dry fruit trader’s request for extension of his business visa despite the Ministry of Home Affairs (MHA)’s March policy that did away with such extensions and now requires Afghan nationals to go back to Afghanistan and apply afresh for a visa for continuing their stay in India.

The concession from the Centre has come following an urging from the Delhi High Court to consider the Afghan’s case. The court had also indicated that “much water has flown” since the MHA effected the policy on visa extension in March this year.

Notably, the Taliban-ruled Afghanistan’s Foreign Minister Amir Khan Muttaqi’s visit to India earlier in October — the first official visit by a Taliban foreign minister — and meeting External Affairs Minister S Jaishankar marked a crucial moment in India’s foreign policy, with India choosing to engage with the Taliban even as it is yet to grant official recognition to Taliban-ruled Afghanistan.

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Nazari, represented by advocate Taksh Suri, who has been living in Delhi since 2014, was left in a limbo last month, leading him to approach the Delhi HC. His request for an extension of his business visa, which expired on October 28, was refused by the Centre.

The refusal was owing to an office memorandum (OM) issued by the MHA (Foreigners Division) in March, which did away with such extensions and now requires Afghan nationals to go back to Afghanistan and apply afresh for a visa.

The memorandum, dated March 19, further states that business visas shall be considered “for established and well-known businessmen on the recommendations of the Afghan and Indian Chambers of Commerce” and “petty traders/businessmen need to be kept out of its ambit”.