KATHMANDU, Aug 23: The Supreme Court (SC) has issued a writ of mandamus against the decision of the Department of Immigration (DoI) for ‘arbitrarily’ detaining foreign nationals. A joint bench of justices Prakashman Singh Raut and Hari Prasad Phuyal has issued an order to send the foreign nationals back to their own country, ruling they were being detained in the Jagannath Dewal Jail in Sundhara, Kathmandu, against the law.
The Supreme Court has also revoked the detention order issued by the DoI against Amadeu Candidio de Oliverira, a citizen of the Netherlands, without taking the opinion of the attorney general. Oliverira had to pay Rs 1.5 million for visa fees and fines for overstaying in Nepal. When he said he could not pay the fee and penalty amount, the DoI sentenced him to seven years in prison. Against the decision of the DoI, he filed a writ petition at the SC.
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The investigation documents and investigation report against the petitioner were sent to prison without being sent to the public prosecutor's office. The SC has explained that the decision to send foreign nationals to prison without following the proper procedures prescribed by the law is not in accordance with the law.
Oliverira stayed in Nepal on a regular tourist visa until May 30, 2015. After that, the DoI claims that it has been seen that he has been 'overstaying' in Nepal for more than 150 days without regularizing his visa. The department had made a decision to send him to the Netherlands if he paid the visa fee, delay fee and fine and if not, to send him to prison. The department had issued him prisoner allowance till October 21, 2026 to be counted from October 23, 2019. Oliverira was sent to Jagannath Dewal Jail after he said he could not pay the fees and fines. According to the immigration law, there is an immigration law that requires paying 3 US dollars per day for a visa and 5 US dollars per day for the delay fee and staying in Nepal illegally.
Overturning the decision of the DoI, the SC has issued an order to send him back to his country if he wants to. Oliverira said that he has been working as a football coach by visiting Nepal at various times for the past 10 years. He also joined the Kaski District Football Association in Pokhara and worked as a football coach in various schools and communities. "As the detention of the petitioner is seen to be illegal, if he does not need to be detained for other cases or reasons, the court has issued an order of habeas corpus in accordance with Article 133(3) of the Constitution of Nepal and Rule 37 of the Supreme Court Rules, 2074 BS, to release him from the present case," the court ordered. "According to the petitioner's wish, an order has been issued in the name of the DoI to release him from prison in the presence of a representative of the embassy of his country in Nepal and send him back to his country of residence."
