7 min readNew DelhiUpdated: Mar 20, 2026 05:57 PM ISTThe Delhi High Court said that no one can be permitted to endlessly continue in a university programme without complying with attendance and score requirements. (AI-generated image)Delhi High Court news: The Delhi High Court recently dismissed a Nigerian student’s plea for visa extension and continuation of studies, observing that a foreign national has no legal right to remain in India after the expiry of the visa.The high court further pointed out that no one, Indian or foreigner, can be permitted to endlessly continue in a university programme without complying with attendance and score requirements. Justice Jasmeet Singh was hearing the plea of Obinna Theodore Onyeneto, who sought a visa extension and the right to complete a degree program in GD Goenka University that had already spanned eight years. Justice Jasmeet Singh noted that the petitioner has been living as an illegal migrant in the country since July 2022, when his student visa expired. (AI-enhanced image)“Once the visa period has expired, a foreign national has no legal right to remain in the country, and the Central Government’s power to expel becomes absolute, which is an unfettered right under the provisions of the Foreigners Act, 1946,” the Delhi High Court said in its March 13 order. ‘Illegal migrant, not completed course after 8 years’The Delhi High Court said that it cannot be ignored that the petitioner has been living as an illegal migrant in the country since July 2022, when his student visa expired.The petitioner has failed to show any “rare and exceptional” circumstances which would warrant a visa extension beyond the prescribed time as per the relevant laws. The Delhi High Court noted that there was no explanation as to why the petitioner has not completed a 3-year BSc-IT degree program, even after about 8 years. It is placed on record that the petitioner has failed to earn the required credits (score) to complete his degree program and also failed to meet the required minimum attendance to appear in the examinations.The petitioner did not reappear in the examinations and hence, failed to complete his course.However, by missing his supplementary examinations, he failed to even do so, noted the Delhi High Court.The reliefs sought and allegations made by the petitioner are primarily against the university, which is admittedly a non-aided private institution.It was placed on record tha despite several re-examinations, the petitioner failed to complete his 3-year BSc-IT degree program in the required time period of a maximum of five years.Eventually, the said university’s registrar nullified the petitioner’s degree program and forfeited his semester fees, which denied him his visa extension recommendation letter to apply for the extension of his student visa.The Delhi High Court pointed out that even if it is said that by providing higher education not only to Indian students but to foreign students as well, the university is performing a public duty, yet the allegations made and reliefs sought by the petitioner are like individual wrongs and have no nexus with the discharge of public duty. ‘Irreparable damage’From the end of the petitioner, it was argued that the university caused irreparable damage to the petitioner’s education and significant financial losses by not letting him complete his education after paying about 80 per cent of the fees.It is submitted that the said university, after misleading the petitioner with its provisional admission and under false assurance of full admission, took fees from him and later refused to grant him full admission on the ground that he did not have a student visa registration.It was claimed that the petitioner spent a huge amount of funds on his travel and on attaining a fresh student visa application, only because he was misled by the university concerned. ‘No bona fide certificate, no visa extension’Appearing for the state, the central government standing counsel Pratima N Lakra submitted that issue directions to prevent entry, monitor, or restrict the movements of any foreign national.It was further pointed out that he failed to provide the mandated bona fide certificate and, hence, was not given a visa extension, and his case does not fall under rare and exceptional circumstances. It was further submitted that the petitioner has overstayed as an illegal migrant in India since July 2022, upon expiry of his visa. Also Read | ‘Trafficking under garb of US migration’: Punjab and Haryana High Court denies bail to agent who cheated man of Rs 11 lakh‘From Nigeria to study in India’The petitioner, Obinna Theodore Onyeneto, is a Nigerian national and was granted admission in a 4-year B.Tech in CSE Degree Program in Apeejay Stya University, under the Dr Satyapal Founder Scholarship. In view of this admission, the petitioner secured a student visa from the Indian High Commission in the name of Apeejay Stya University and arrived in India in January 2015. However, later on, with the demise of his father, who was also his sponsor for his overseas education, he could not continue with his degree at the said university.Subsequently, the university issued a change of university no objection certificate to the petitioner to continue with his education in any other university. Later, the petitioner was offered a provisional admission in a 3-year BSc-IT degree program by GD Goenka University, subject to submitting the applicable fees along with relevant documents, which the petitioner complied with. However, instead of an admission letter or acceptance letter, Goenka University gave him a “to-whom-it-may-concern” student identification letter for the FRRO registration for his student visa. The Goenka University provided the petitioner with a visa recommendation letter to seek a fresh student visa.Consequently, in May 2017, the petitioner left for Nigeria to obtain a fresh student visa, and after securing the same in the name of Goenka University, he came back to India in January 2018 and went to the said university to pursue his degree and also finalised his student visa registration.As per the petitioner, the said university first did not provide necessary resources for his first two semesters enrollment, course registration and course assessments in either 2018, 2019 or 2020 academic sessions, despite making payment towards four semester fees. Also Read | Rs 35 lakh for fake visa: Why Delhi High Court says illegal migration rackets hurt India’s global standingLater, the university allegedly asked the petitioner to leave the university premises, and upon his refusal, he was assaulted. Consequently, the petitioner sought assistance from the Gurgaon police authorities and also filed a complaint.Despite several requests, the said university refused to provide the petitioner a renewed student bona fide certificate required for his student visa extension.The petitioner applied for his student visa extension three times with the authority concerned, but they declined all of them due to the absence of a student bona fide certificate from the university concerned and told him to reapply.Since the university has collected 80% of the fees and still has not permitted the petitioner to continue with the education, the petitioner has filed the present petition before the Delhi High Court.Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... 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