Chin Burmese refugee victim moves Delhi HC seeking exit permit

New Delhi [India], August 29 : A Burmese Chin refugee woman, the victim of persecution by the Military Junta of Myanmar, has moved to the Delhi High Court to seek an exit permit so that she can join her husband in the United States of America.
Petitioner is a Chin Burmese refugee professing the Christian faith hailing from
the ethnic Chin community, which is a minority in Myanmar.
She has been staying in India as a refugee since 2010 recognised by UNHCR.
Delhi High Court has issued notice to the Central Government on the plea of Moe Moe Khaing and her daughter.
Justice Subramonium Prasad issued a notice to the Central government and directed them to file a reply before the next date of hearing. The matter is listed for hearing on October 11 for further hearing.
A petition has been moved through advocate Dhiraj Abraham Philip. It is stated that on account of persecution, Petitioner has fled from Myanmar. It is also stated that the husband of Petitioner is a US Citizen.
Petitioner's counsel stated that her daughter who was born in India is also a US citizen since her father Zo Ra Ling was also a citizen of the same country.
It was argued by the counsel that the Petitioner also had US Visa/travel documents from April 7, 2022, to Sept 26, 2022 and, thereafter, from October 20, 2022 and April 14, 2023. 
Now the petitioner wants to join her husband in the US who had been granted third country settlement in 2019, the bench noted in the order passed on August 24.
The high court noted that during the period when Petitioner had valid visa/travel documents, an exit permit was not granted to her.
It is stated that her visa has now expired. The petitioner now wants to join her husband, who is in the USA, for which purpose, she requires an exit permit.
During the hearing Counsel for the Petitioners stated that after the expiry of the visa, the Petitioner has approached the US Embassy but the US Embassy has directed that she must first approach the Indian Government.
The counsel relied upon the order of May 26, 2023, passed by the High Court in the matter T. Olive vs. Union of India wherein the Court had permitted the Petitioner therein to approach the FRRO for grant of an exit visa.
On the other hand, the Counsel of Central Government stated that the present case is different from the case of T. Olive on the ground that the Petitioner, in that case, had a valid visa, and, therefore, the FRRO could grant an exit visa which is not there in the present case.
He also submitted that the Petitioner be directed to first approach the US Embassy and then approach the FRRO so that an exit permit is granted.
The petitioner is a member of the ethnic Chin community and professing Christianity.
Petitioner's Husband Zo Ra Ling was earlier a Chin Burmese refugee who fled Myanmar on account of religious persecution. Subsequently, he was granted US citizenship, the plea stated.
The petitioner is also a Chin Burmese Christian refugee who fled Myanmar on account
of persecution by the military junta, it added.
In 2010, Petitioner fled the country of her birth, Myanmar, after being held as a tortured captive by the military junta. The petitioner has been living in India since 2010 and is a refugee recognised by the UNHCR, it stated.
Since Petitioner fled her native country Myanmar, she does not possess or hold a passport. However, she has a birth certificate issued by the authorities in Myanmar, the plea added.
It is also mentioned that for the period between 2013 to 2018, Petitioner applied for and was issued a Stay Visa/Residential Visa by the FRRO Delhi from 2013 to 2018.
In December 2019, Petitioner married Zo Ra Ling in New Delhi. In September 2020, her daughter was born in New Delhi.