OCI Card – Rejection of application by FRRO– Citizenship Act, 1955

The Respondent no.2 Foreigners Regional Registration Officer, Mumbai, had rejected the application of the petitioner for grant of Overseas Citizen of India Card (OCI Card) under the Citizenship Act, 1955 and Rule 32(2) of the Citizenship Rules, 2009.

The impugned communication dated 6.6.2024 was challenged in the writ petition.

HELD that Section 7A of the Citizenship Act empowers the Central Government to grant OCI card.  After receipt of the application, the Central Government is required to make preliminary inquiry under Rule 32(1) of the Rules of 2019 and on being satisfied, register the applicant as OCI cardholder.  Section 16 of the Act provides that the Central Government may delegate its powers including powers to grant OCI card under Section 7A of the Act.

The application for OCI card is to be given to FRRO.   However, FRRO is neither conferred the powers of the Central Government to conduct inquiry or to take decision to confer OCI card or reject the application.  Moreover, the communication of FRRO did not give any reasons for rejection of the application for OCI card.

Judgment dated 25.7.2024 of the High Court of Bombay at Goa in Writ Petition (L) No.1442 of 2024 of Adv. Aires Antonio Miranda Rodrigues  Vs. Union of India and another