Team Goemkarponn
PORVORIM: The Bombay High Court at Goa has refused to grant relief to a Russian woman and her two daughters who sought permission to continue staying in India after their tourist visas expired. The court held that a pending application before the United Nations refugee agency does not, by itself, prevent authorities from taking action under Indian immigration laws.
The petition was filed by Aleksandra Kuznetsova, who maintained that returning to Russia would pose safety concerns because of the ongoing Russia-Ukraine conflict. She and her daughters arrived in India on October 8, 2024, on tourist visas that remained valid until October 7, 2025.
During their stay, Kuznetsova approached the United Nations High Commissioner for Refugees (UNHCR) on June 27, 2025, seeking asylum in Brazil, Ecuador or Paraguay. She subsequently requested permission to extend her stay in India, but the Foreigners Regional Registration Office (FRRO) turned down her applications for visa extension and conversion.
A Division Bench of Justices Valmiki Menezes and Amit Jamsandekar examined the matter and noted that the petitioner had not taken steps to secure refugee status or advance her asylum requests in the countries she had identified, despite the court proceedings having been pending since November 2025.
The Bench also referred to a UNHCR communication dated September 1, 2026, which indicated that Kuznetsova could apply for asylum after reaching Brazil. The court noted that the communication did not amount to recognition of her as a refugee.
Consequently, the judges dismissed the petition. However, the family remains free to pursue refugee status through the appropriate legal procedures. The court further directed that the ₹25,000 deposited during the proceedings be adjusted towards the penalty imposed by the FRRO.
The case comes amid concerns raised by immigration officials over foreign nationals allegedly using pending refugee claims or related documentation to contest action for overstaying their visas. Officials cited in media reports said that four foreigners, including three Iranian nationals, had raised similar issues in cases pending before the High Court.
Authorities have also raised questions about documents allegedly issued through an agency operating in Pune, which is reportedly under investigation.
India is not a party to the 1951 Refugee Convention or its 1967 Protocol. Officials have maintained that possessing a UNHCR document does not automatically regularise an expired Indian visa or remove the obligation to comply with domestic immigration rules.
