SATURDAY, MAY 04, 2024
Team Herald
MARGAO: In a massive relief to thousands of Goan-origin Portuguese citizens, who were deemed ineligible to apply for Overseas Citizenship of India (OCI) registration, the Ministry of External Affairs' (MEA) Passport Seva Programme (PSP) Division in a memorandum has made it mandatory for 'Passport Issuing Authorities' (PIAs) in India and abroad to issue a 'revocation order', which will be accepted in lieu of ‘Surrender Certificates’.
This removes a significant hurdle these applicants were facing, as previously they were denied the required ‘Surrender Certificates’ needed to apply for Overseas Citizenship of India (OCI) cards.
“Ministry of Home Affairs (MHA) has now decided to accept ‘Revocation Certificate’ as an alternative document in lieu of ‘Surrender Certificate’ in case of Indian nationals hailing from erstwhile Portuguese territories in India (Goa, Daman & Diu), who have acquired Portuguese nationality as per Portuguese Nationality Law, and who have been issued ‘Revocation Order’ by the Regional Passport Officers (RPOs) instead of ‘Surrender Certificate’," reads the key point in this memorandum dated April 4.
“In view of the above, all PIAs are hereby advised to mandatorily issue Revocation order, in all such cases wherein instead of issuing Surrender Certificate, PIAs decide to revoke the passport by invoking Section 10 (3) of the Passports Act, 1967," reads the memorandum signed by MEA's Consular, Passport & Visa (CPV) Division Joint Secretary, Dr K J Srinivasa.
It may be recalled that obtaining a ‘surrender certificate’ from the passport authorities has been necessary to apply for OCI cards. Moreover, based on a previous circular issued by the MEA on November 30, 2022, the PIAs had stopped issuing such surrender certificates to those persons who had acquired Portuguese citizenship, on the grounds that they had suppressed material information about acquiring foreign nationality.
Now, the latest MEA circular will offer huge relief to such applicants and their families who were very anxious, as by making ‘revocation certificates’ an acceptable alternative and instructing PIAs to issue them, the circular officially clears a major roadblock for these applicants to get OCI cards.
This is being hailed as a huge relief by citizen groups who were protesting this issue as well as the families of those persons who have already approached the High Court to challenge the RPO’s decisions. They believe this provides a way for thousands of Goan-origin Portuguese citizens, who were previously ineligible, to now be able to apply for OCI registration successfully, and are terming it ‘justice’ for their long-drawn-out fight on this issue.
For perspective on the gravity of this situation, the MEA had informed the Lok Sabha in February that the Panjim Regional Passport Office (RPO) had revoked 114 passports in the last three years, during which period the RPO received over 2,000 applications for surrender of Indian passports after acquisition of Portuguese nationality. This information was given in a reply to a query raised by South Goa MP Francisco Sardinha.
In its fresh circular, the MEA also explained what the rule was earlier.
“To regulate the surrender cases of Indian passports by erstwhile Indian citizens on account of acquisition of foreign nationality, instructions were issued vide office memorandum dated November 30, 2022. Wherein it is stipulated that upon receipt of an application for issuing a Surrender Certificate in lieu of an Indian Passport, PIAs may also revoke such passport by invoking Section 10 (3) of the Passports Act, 1967 if the passport/travel document was obtained by suppression of material information about the holder's having obtained foreign nationality," read the circular.
“Consequently, PIAs have revoked passports (instead of issuing surrender certificates) of many Indian nationals hailing from erstwhile Portuguese territories in India (Goa, Daman & Diu), if the passport in question was obtained after acquisition of Portuguese nationality/citizenship. Since ‘Surrender Certificate’ is one of the mandatory documents for obtaining OCI Card, revocation of passport has rendered them ineligible for obtaining OCI Card,” MEA stated.
HC clubs several petitions on OCI registration; hearing on April 24
The Bombay High Court at Goa has clubbed several petitions filed by individuals seeking directions from it to the Ministry of External Affairs (MEA) to grant their respective Overseas Citizen of India (OCI) registration. The matter has been posted for April 24.
Recently, one of the petitioners, Ian Fernandes, submitted his counter reply to what the Foreigners Regional Registration Office (FRRO) had stated in his case. The Deputy Solicitor General of India informed the HC that while the Passport Officer's reply had already been filed, the reply by the Ministry of Home Affairs (MHA) to Fernandes' submission will be filed in the course of the week, and an advance copy would be given to Fernandes.
Additionally, two more persons had earlier approached the HC seeking OCI cards after their Indian passports were revoked by the regional passport office when they tried to surrender them after acquiring Portuguese citizenship.
A 56-year-old from Vasco and a 61-year-old from Candolim stated they had renewed their Indian passports after transcribing their births in Lisbon, solely to apply for Portuguese citizenship cards and passports, which was a requirement.
As citizens of Indian origin who acquired Portuguese citizenship, they argued they are eligible for OCI cards under Section 7A of the Citizenship Act, 1955.
The 61-year-old transcribed his Calangute birth in Lisbon in 2015, got a Portuguese citizenship card in 2022, and a Portuguese passport in 2023 after submitting his 2021 Indian passport details. His 2021 Indian passport was later revoked for allegedly suppressing information that he had Portuguese citizenship since 2015 when applying for the Indian passport.
Both these individuals approached the HC fearing their OCI requests may be denied on grounds of passport revocation for suppressing information.
