PESHAWAR: Peshawar High Court has ordered local police not to harass in any manner an Afghan family, whose visas have expired, till their case for seeking asylum has not been declined by United Nations High Commissioner for Refugees (UNHCR).

A bench consisting of Justice Ijaz Anwar and Justice Shakeel Ahmad disposed of a petition jointly filed by head of the family and 11 of his immediate relatives including wife, children and grandchildren, seeking declaration of the court that they were entitled to protection under a notification issued by ministry of interior wherein it was directed that illegal refugees destined for a third country should be exempted from arrest.

The bench directed the petitioners that if they got proof regarding processing of their cases in UNHCR for asylum, it would be appropriate for them to apply for extension of their visas.

The bench also referred to an earlier judgment of Islamabad High Court issued on June19, 2023, wherein it was mentioned that even Afghan nationals had certain rights guaranteed under Article 9 of Constitution of Pakistan, which provided that no person should be deprived of life or liberty save in accordance with law.

Asks petitioners to apply for visa extension

The counsels of petitioners, Saifullah Muhib Kakakhel and Nauman Muhib Kakakhel, argued that they were Afghan nationals and the head of the family had previously served in the Afghan government and had also assisted international non-governmental organisations (NGOs) and countries in their missions and projects in Afghanistan.

They stated that after toppling of the government of the then president Dr Ashraf Ghani, the petitioners migrated to Pakistan and also applied to UNHCR for seeking asylum and their shifting to a third country.

They argued that the petitioners feared for their life due to their previous jobs with Ashraf Ghani government, American government and INGOs. They said that there were two sets of fundamental rights in the Constitution of Pakistan as some were for citizens of the country while some were applicable to anyone residing in Pakistan in any capacity.

They contended that the petitioners couldn’t be sent back due to non-refoulement principle of international law, which provided that asylum seekers should not be returned back to a country where they would face torture, cruel, inhuman and degrading treatment or punishment.

They argued that the case of the petitioners was pending with UNHCR and there was likelihood of decision over it soon and they would either be taken to a third country or their plea would be rejected.

They also referred to a letter of the ministry of November 2 and a subsequent order of Khyber Pakhtunkhwa home department of November 3, wherein it was mentioned that illegal foreigners destined to a third country should be exempted from arrest.

They said that the visas of the petitioners expired recently and they were apprehending their arrest as news about deportation of Afghans even having ‘proof of registration’ and ‘Afghan citizen’ cards were circulating.

Published in Dawn, February 4th, 2024