The Islamabad High Court (IHC) has urged the federal government to establish a mechanism in accordance with Article 31 of the Refugee Convention, 1951, allowing refugees to voluntarily declare their need for asylum upon arrival in Pakistan. The ruling emphasizes the importance of enabling refugees to register with the United Nations High Commissioner for Refugees (UNHCR) for asylum in a third country.
The 21-page order, authored by IHC judge Babar Sattar, emphasized that when the state initially registers an FIR under the Foreigners Act, 1946, but later verifies through UNHCR that the individual is a legitimate refugee seeking asylum in a third country, the state must take action. The ruling states that once a foreigner’s refugee status is verified by UNHCR, they should not be detained like an under-trial prisoner.
The case that led to this landmark decision involved Rahil Azizi, an Afghan woman who had moved the IHC against her registration under the Foreigners Act, 1946, for entering Pakistan without a visa. The IHC quashed the FIR against Rahil, asserting that the Constitution grants the right of asylum. Furthermore, it instructed the Ministry of Interior to issue a no-objection certificate (NOC) to Rahil for her travel to Australia, where she had been granted a visa.
The court has called upon the government to establish facilities for refugees to be lodged independently or in association with the UNHCR so that they are not incarcerated while awaiting recognition of their refugee status and decisions on asylum applications. The ruling also emphasized the need for Standard Operating Procedures (SOPs) to guide police authorities in releasing accused refugees under Section 169 of the Code of Criminal Procedure or withdrawing charges under certain circumstances.
The verdict highlighted that facilitating the settlement of refugees in third countries would enhance Pakistan’s reputation as a nation that understands the plight of refugees, given its history of hosting refugees from neighboring countries. Additionally, it would be a prudent public policy choice to reduce litigation and prevent overburdening the criminal justice system with unnecessary trials.
Rahil Azizi’s case drew attention as she claimed to have worked for the Afghan police for five years under the previous Afghan National Government. Her decision to flee to Pakistan in August 2021, following the fall of the Kabul administration and the Taliban’s takeover of Afghanistan, was driven by concerns for her safety and the unstable security situation.
Upon her arrival in Pakistan, Rahil’s quest for refuge began, ultimately leading to the groundbreaking decision by the Islamabad High Court.
