ISLAMABAD: The Islamabad High Court (IHC) has restrained government authorities from deporting three Afghan women refugees who had sought Pakistani citizenship on the basis of their marriages to Pakistani nationals, protecting them from any adverse action during the pendency of their petition.
The petitioners, all Afghan citizens, have been married to Pakistani men for more than a decade and have children who are recognised as Pakistani citizens. They were facing possible deportation following the implementation of the Illegal Foreigners Repatriation Plan.
The women had approached the Directorate General of Immigration and Passports for grant of citizenship under Section 10 of the Pakistan Citizenship Act, 1951, which provides citizenship rights to foreign women married to Pakistani citizens. However, the department informed them that they were required to establish five years’ residence on a valid visa and passport under Rule 15(a)(iii) of the Pakistan Citizenship Rules, 1952.
The petitioners challenged this requirement before the IHC through a petition filed by their counsel, Umer Ijaz Gilani, arguing that the condition was introduced through delegated legislation and was beyond the scope of the parent law.
The petition contended that the Citizenship Act did not impose any requirement of five years’ stay on a valid visa for foreign wives of Pakistani citizens. It stated that for women belonging to countries outside the English Commonwealth, the law only requires the condition of “domicile”.
The petitioners argued that the Citizenship Act itself recognised domicile where a person had resided in Pakistan for one year and intended to permanently settle, whereas the additional requirement introduced through the rules unlawfully excludes Afghan refugees holding Proof of Registration (PoR) cards from being considered as having lawful residence.
The counsel argued that the rule-making authority under Section 23 of the Citizenship Act could not override or restrict rights granted by Parliament. He maintained that the amendment was an unlawful attempt to deny citizenship eligibility to PoR card holders through subordinate legislation.
The petition also argued that the treatment being extended to wives of Pakistani nationals was inconsistent with the principles of family unity recognised under Islamic injunctions, including the teachings of the Quran and Sunnah.
After initial hearing, Justice Mohammad Asif issued notices to the Federation of Pakistan and the Directorate General of Immigration and Passports. The court also issued notice to the Attorney General for Pakistan due to the constitutional questions involved in the matter.
Meanwhile, the court restrained the respondents from taking “any adverse action” against the petitioners, effectively preventing their deportation or any coercive administrative measures until further orders.
Justice Mohammad Asif observed that the legal points raised in the petition “need consideration” and adjourned further proceedings.
Published in Dawn, July 2nd, 2026