The controversy involving the illegal entry of six Ukrainians and one US national into Mizoram to carry out subversive activities has brought to light various aspects of the eligibility and legality of foreign nationals entering India and travelling within the country.
There have been similar cases in the past when foreigners entered the country illegally using land borders, sea routes, or air—such as the Purulia arms drop case—to commit crimes, collect intelligence, or carry out, facilitate, and support terror acts. While the process of legally entering the country is laid down in the Visa Manual issued by the Foreigners Division of the Ministry of Home Affairs, the restrictions on foreigners travelling within the country are spelt out in the Foreigners (Protected Areas) Order, 1958, pertaining to protected areas adjoining international land borders, and the Foreigners (Restricted Areas) Order, 1963, dealing with sensitive areas and installations even in interior regions.
In the present case, as per court documents, there are no allegations of illegal entry into India without obtaining a visa, but rather entry by wilfully availing of the wrong category of visa. According to the FIR, a total of 14 Ukrainians entered the country on tourist visas, allegedly to aid terror groups, which has attracted the provisions of the Unlawful Activities (Prevention) Act, making it a non-bailable offence. Another violation is the unauthorised entry into a Protected Area without obtaining the requisite permit from the Foreign Regional Registration Office under the Bureau of Immigration.
The National Investigation Agency has alleged that the accused foreign nationals were not only aiding Myanmar’s Ethnic Armed Groups operating against the Myanmar army but were also building up the capacity of Indian insurgent groups active in the North East. Interestingly, out of the total of 14 Ukrainians alleged to have entered India, only six have been apprehended.
The rulebook for granting visas is being examined to understand how these individuals obtained their visas. For foreigners wanting to enter the country, there are two ways of applying for visas: the e-visa and the regular paper visa. An e-visa is an online process where the application, along with a photograph, is completed online with the Bureau of Immigration under the Ministry of Home Affairs. Supporting documents are uploaded—as in the case of business and conference visas—and fees are paid digitally. Once the application is complete, the Bureau of Immigration processes the application and emails the visa to the applicant. There are currently 14 types of e-visas, including tourist, business, and student visas. All e-visas are vetted by the Bureau of Immigration, which is functionally under the Intelligence Bureau but administratively under the Ministry of Home Affairs. When required, the Bureau of Immigration calls for additional details or documents from the applicants via email or phone. If the Bureau of Immigration feels it is not in a position to clarify certain details properly, instead of simply rejecting the application, it informs the applicant to approach an embassy or consulate for a paper visa.
Usually, the Commissioner of the Bureau of Immigration is a senior Intelligence Bureau officer, and all officers and permanent staff of the Bureau are from the Intelligence Bureau. Presently, as the ease of applying digitally has increased with simplified procedures, e-visas have largely replaced traditional paper visas that are affixed to passports. Sources said that over 90% of Indian visas issued to US nationals are e-visas.
In this case, according to security officials, the US national Matthew VanDyke had travelled on an e-tourist visa, as had the six Ukrainians.
Visas at embassies or consulates are processed through the IVFRT portal (Immigration, Visa, and Foreigners Registration & Tracking), which became operational in 2012. Government officials explained that regular paper visas, if required, are issued by embassies and consulates. In the US, besides the Indian Embassy in Washington, there are eight consulates spread across the country that issue visas. The regular paper visa process involves filling in an online application, uploading a photo and supporting documents, and taking printouts. The printed visa application is then physically submitted to the authorised agency of the embassy or consulate, which checks the documentation, collects the fees, and forwards it to the embassy or consulate for processing. It is here that visa officials scrutinise the application and issue paper visas, which are physically pasted into the applicant’s passport. Applicants can also be called for an in-person interview if required.
For individuals who are blacklisted by agencies, a "Blacklist" chart is maintained on the IVFRT system, which flags individuals if their application is processed. However, for those not on the blacklist in the IVFRT, visa officials decide based on information available in the application, further scrutiny, or specific manual alerts from the Ministry of Home Affairs and security agencies. In suspicious cases, visa officials can mark them for further enquiry with the Ministry of Home Affairs, which refers the matter to security agencies. In cases where applicants are of Pakistani origin, visa applications are only cleared by the Ministry of Home Affairs after obtaining clearance from security agencies.
Interestingly, in a statement, the Ukrainian Embassy in Delhi clarified that, according to preliminary information, the charges concern unauthorised presence in the state of Mizoram—access to which requires a special permit—as well as the alleged illegal crossing of the state border between India and Myanmar. In both cases, it may be viewed as a simple violation by Ukrainians unaware of the requirements for a Protected Area Permit.
However, Indian security officials are viewing the case as more than mere ignorance of rules, raising questions about what the six Ukrainians, alleged to be linked to the military, were doing in the North-eastern state. While awaiting the forensic examination of seized phones, investigators are not ruling out the role of foreign intelligence agencies in organising efforts to train and equip Myanmar rebels with drones to fight the Junta. What also cannot be ruled out at this juncture, according to officials, is possible indirect links to Western intelligence agencies and their proxies, who are careful to operate with deniability.
