The Kerala High Court has refused to order visa extension for a citizen of the United States who had sought permission to stay back in Kerala, where he felt safer than his home country during the COVID-19 pandemic.

Johnny Paul Pierce, 74, who is in Kerala's Kochi on a tourist visa, felt that the COVID-19 containment measures in Kerala were far better than in the US.

"Mr. Johnny Paul Pierce's love for India may be heartening, but his yearning to stay back is the carte blanche of the Government of India," Justice C S Dias wrote in the opening remarks of his verdict.

The High Court observed that the "grant or extension of visa to foreign nationals fall exclusively within the domain of the Government of India. Judicial review is minimal in such matters,” the court noted.

Pierce, who stays at a friend's place in Kochi, came to India on February 26. His visa is valid till January 26, 2025. However, as per the visa rules, the person is allowed to stay in the country only up to six months on a single visit. The 180-day window expires on August 26 and he will have to leave the country by then.

From IFRO to High Court

As COVID-19 lockdown was imposed in Kerala, Pierce approached the Commissioner of Immigration and Foreigners Registration Officer (IFRO), seeking permission to extend his stay. In his request, he had cited the higher COVID-19 fatality rate in the US and said that provided his age and health issues, he felt safer in Kerala. He also sought to get his tourist visa converted into a business one as he found some business opportunities in Kerala. As per, normal procedure the visa could be converted only by going to the US, but Pierce requested the IFRO to exempt him from the procedure.

Pierce moved the High Court as his application did not elicit any response from the IFRO. In his petition to the court, he pointed out that the 180-day rule was irrational as his visa was valid till 2025.

To this, the court said, "The petitioner cannot be heard that the guidelines/policies/regulations formulated by the Government of India, that an American national though has been granted a visa having validity of five years has to leave India within 180 days, is irrational or unreasonable. The petitioner does not have a case that there is an infraction of Article 21 of the Constitution of India. Therefore, the plea of the petitioner that he may be permitted to stay for a further period of six months and his visa may be converted from tourist visa to a business visa without leaving the country, cannot be entertained by this court."

The High Court, however, directed the IFRO to consider the petitioner's representation within a period of two weeks, strictly in accordance with the applicable guidelines and policies in the backdrop of the pandemic situation and the suspension of international flights.

The central government has informed the court that foreigners, whose visa got expired or is expiring during the period from February 1 till the lifting of the ban on international flights, will be eligible for extension for up to 30 days from the date of the lifting of the suspension of international flights. Such people will be allowed to leave the country without any overstay penalty.

Similar plea awaits hearing

A similar plea filed by another US citizen seeking extension of visa is pending before the high court. Theatre writer and director Terry John Converse, 74, who stays in Kochi's Panampilly Nagar, has moved the High Court seeking visa extension.

“I had no choice but to move the court. The situation in the US is dangerous. India in general, and Kerala in particular, is doing better job in containing the virus than the US. That's the most important reason why I want to stay here,” he had told Onmanorama in April.