Govt confirms stay extension for Afghan refugees

As the Constitutional Bench prepares to continue hearing a petition against the mass deportation of Afghans on Tuesday (today), the federal government has informed the Supreme Court that the validity of PoR cards issued to registered refugees has been extended until June 30.

A seven-judge Supreme Court bench, headed by Justice Aminuddin Khan, will hear a public interest petition filed by civil society activists against the government’s mass deportation policy announced by the Apex Committee on October 3, 2023. The petition, submitted by rights campaigners Farhatullah Babar, Mushtaq Ahmad, Amna Masood Janjua, and lawyers Jibran Nasir, Imaan Mazari, and Imran Shafiq, seeks protection for Afghan refugees and others targeted under the Illegal Foreigners Repatriation Plan (IFRP).

The federal government assured the court that Afghan refugees holding Proof of Registration (PoR) cards or Afghan Citizen Cards (ACC) will not face apprehension or deportation until June 30, 2025. Presently, 1.3 million PoR holders and 700,000 ACC holders reside in Pakistan. Despite this, the government reported repatriating 784,954 undocumented foreigners, including Afghans, under the IFRP.

The petitioners argue that the mass deportation policy violates both domestic and international human rights laws and oversteps the caretaker government’s constitutional authority. They assert that the policy fails to differentiate between undocumented immigrants and those born in Pakistan, who are entitled to claim citizenship under Section 4 of the Citizenship Act, 1951, and a 2021 Islamabad High Court judgment.

The petition calls for enabling the UNHCR to process asylum applications and safeguarding the fundamental rights of all individuals in Pakistan. It also highlights the risk of marginalization faced by individuals based on ethnicity, religion, or gender, stressing the need for a clear mechanism to identify lawful citizens. However, the government has dismissed the petition, labeling it as unfounded and inconsistent with the public interest.