—– Orders govt to prescribe a mechanism to enable refugees voluntarily report upon arrival in Pakistan
ISLAMABAD: The Islamabad High Court (IHC) has asked the federal government to establish a mechanism in accordance with Article 31 of the Refugee Convention, 1951. This mechanism should enable refugees to voluntarily report upon arrival in Pakistan that they seek refuge and wish to register with the United Nations High Commissioner for Refugees (UNHCR) to seek asylum in a third country.
“It must also be noted that in a case where the state has initially registered an FIR [First Information Report] under the Foreigners Act, [1946] but has subsequently verified through the instrumentality of [the] UNHCR that the foreigner in question is a bona fide and legitimate refugee seeking asylum in a third country, the state is not a hapless bystander.
“Upon verification of the refugee status of a foreigner by [the] UNCHR, the refugee must not be kept incarcerated like an under trial prisoner,” said a 21-page order authored by IHC judge Babar Sattar.
An Afghan woman, Rahil Azizi, had moved the IHC against registration of a FIR against her under the Foreigners Act, 1946 for entering Pakistan without a visa.
The IHC quashed the FIR against Rahil, noting that the Constitution grants the right of asylum. It instructed the Ministry of Interior to issue a no-objection certificate (NOC) to the Afghan woman for traveling to Australia, which has issued a visa to her. –Agencies
