Karnataka high court asks Italian citizen to return

Franco Barbera was asked to leave the country for violating visa conditions

The Karnataka High Court today directed an Italian citizen to return to his country as it dismissed his petition challenging the Foreigners' Regional Registration Office notice asking him to leave the country for violating visa conditions.

Franco Barbera was asked to leave the country after obtaining a business visa by Justice Abdul Nazeer.

Challenging the FRRO notice, dated March 8, 2013, the petitioner, who came here in 2009 on an employee visa, contended the FRRO had erred in stating that he is running a business with a company and has thus violated the conditions of e-visa.

Denying he was doing business, he submitted the company had employed him as director and as per the terms and conditions, he was bound to run business of the firm and there was nothing illegal in it.

The petitioner submitted he was appointed by the company on April 1, 2009 with a salary of one lakh rupees and stated "as per the rules, the foreign nationals who have been issued employment visa prior to November 1, 2010 and drawing a salary less than USD 25,000 would be allowed to continue in their present employment till the expiry of present period".

Terming the notice by FRRO as "arbitrary and passed without application of mind", he submitted an interlocutory application stating that the High Court granted interim directions restricting the FRRO from issuing exit visa on March 14, 2013 and sought to quash the notice.

The Union of India in its objections, however, said he had suppresed facts about owning a company and was conducting business and could not be given an extension.