Panaji: The Government of India has finally issued Adv. Aires Rodrigues an Overseas Citizen of India (OCI) card.
A Division Bench of the High Court of Bombay at Goa, comprising Justice M.S. Karnik and Justice Valmiki Menezes, on January 28 had asked the Ministry of Home Affairs (MHA) to decide within four weeks on a fresh application by Adv. Aires Rodrigues for an OCI card. The Court, in its order, had asked Adv. Rodrigues to apply afresh by January 30 through an online OCI application and directed the officer in charge at the Embassy of India in Lisbon to call Adv. Rodrigues on February 5 to complete all the formalities. Accordingly, Adv. Rodrigues appeared before the Embassy officials and completed all the formalities.
On May 15, 2023, Adv. Aires Rodrigues obtained a Portuguese passport in Lisbon and, upon his return to Goa in the first week of June, immediately surrendered his Indian passport at the Goa Passport Office as required by law.
After surrendering his Indian passport and obtaining a Surrender Certificate along with all the other required documents, he applied for his OCI card, only to be informed by the Foreigners Regional Registration Office (FRRO) in Mumbai that the new rule required six months of residence in Goa before filing an OCI application.
After completing the requisite six months of residence, Adv. Rodrigues once again applied for an OCI card on January 25 last year and was given an appointment on March 5 at FRRO Mumbai for verification of his original documents, which was successfully completed on that day after paying the requisite processing fee of Rs 15,000. Three months later, on June 6, Adv. Rodrigues received a one-line email from FRRO Mumbai stating that his OCI application had been canceled.
Aggrieved by the decision of FRRO Mumbai, Adv. Rodrigues immediately moved the High Court on June 20. In his petition, he submitted that the decision by FRRO Mumbai to cancel his OCI application was arbitrary, illegal, erroneous, unjust, and contrary to law. He further stated that the mere one-sentence decision by FRRO Mumbai, without providing any reasons, violated the principles of natural justice.
The High Court, on July 25, while quashing and setting aside the order of the FRRO, directed the MHA to consider and decide the application of Adv. Rodrigues within 30 days. The matter later moved to the Supreme Court, with the MHA challenging the order of the High Court before the case landed back at the High Court.
