MHA to review Immigration set-up at major International Airports -- at the behest of NHRC

The Commission had taken cognizance of the complaint of one Mr. K.T. Skaria, an American citizen of Indian origin, who, on 16 March 1999, was denied entry into the country to attend his father’s funeral, despite having a valid passport and a visa. He was harassed by the Immigration authorities and sent back from the airport to the USA, causing him considerable mental agony and financial loss.

Upon a notice being issued to the Ministry of External Affairs, Government of India, New Delhi, on 9 June 2000, the Commission was informed that the visa issued by the Indian Embassy in Washington D.C. to Mr. Skaria contained a handwritten correction of the validity date, by the visa clerk, a local employee of the Embassy. This had led the Immigration Officers in India to suspect that Mr. Skaria had tampered with the visa dates, despite the fact that it was a multiple entry visa and Mr. Skaria had traveled to India earlier on the same visa without any problem. The MEA informed the Commission that due apologies had been rendered to Mr. Skaria by the Deputy Chief of Mission of the Embassy of India, Washington in this regard.

The Commission, on perusing the report of MEA, observed that owing to the insensitivity and callousness of the derelict Immigration Officers, the complainant had suffered great mental agony, indignity and financial loss. The Commission was of the view that a strong prima-facie case existed for taking action against the delinquent public servants, namely, the Immigration Officer and a Senior Inspector of Police. Thus, “show-cause” notices were issued to MEA, Government of India and to the Officers who functioned under the Ministry of Home Affairs. Further, the Commission decided to call the concerned officers from the MHA and MEA for a hearing.

On considering the explanations offered by the officers who were involved at the stage of immigration and whose actions had led to the unfortunate situation, the Commission expressed its dis-satisfaction with the explanations given. The Commission added that it would proceed to make final recommendations in the matter unless the Government of India wished to reconsider the issue and offer a fresh response.

The MHA requested the grant of additional time to reconsider the matter, following which it had the entire case re-examined. In a letter dated 18 July 2002, the MHA informed the Commission that it accepted the view that the whole incident was wrongly handled by the Immigration Officers notwithstanding the fact that the MEA officials in Washington had not countersigned the overwriting of visa validity.

To ensure that such incidents did not occur in future, the Foreigners Division, MHA has issued the following instructions to the Immigration Authorities:

Transfer the guilty officials concerned out of the immigration check-post, and ban them from any immigration duties henceforth.
Take up a comprehensive review of the immigration set-up at major international airports to identify such personnel who do not have the requisite temperament to tackle matters with sensitivity, and have such personnel transferred.
Emphasise aspects of courtesy and sensitivity in pre-induction training programmes of immigration staff.
Make available adequate telephone facilities at all major international airports to enable foreigners/immigration officers to cross-check with the embassies concerned in case of doubts of forgery, overwriting etc.
To assuage the hurt feelings of Mr. Skaria, the Government of India, as a good will gesture, has offered a free return air package to him and his wife to visit his native place and relatives.

The Commission, in its proceedings on 31 July 2002, appreciated the positive response of the authorities in this matter, as also the decision taken to issue instructions to immigration authorities to prevent the repetition of such unfortunate incidents in future.

The Commission has also directed that the complainant be informed of the decisions of the Government of India.