Pak HC temporarily bars deportation of Afghan nationals with Pakistani spouses

Peshawar, Sep 27 (PTI) A Pakistani high court has barred the deportation of 40 Afghan nationals married to Pakistani women until the country's top database and registration body decides on their citizenship application.

The court's decision comes as the repatriation process for Afghan refugees, including those with Proof of Registration (PoR) cards, is ongoing. Pakistan launched the campaign for undocumented Afghans in 2023, which was intensified in April this year.

A division bench of the Peshawar High Court (PHC) comprising Justice Waqar Ahmad and Justice Kamran Hayat Miankhel on Friday passed the order while hearing 40 separate petitions filed by Pakistani women seeking Pakistan Origin Cards (POCs) for their Afghan spouses.

The POC grants permanent residency status in Pakistan.

The decisions in all cases remained the same, council for petitioner Numan Mohib Kakakhel told PTI.

The bench ruled that since one of the petitioners was a family member of Pakistani citizens, he could not be deported until either the National Database and Registration Authority (NADRA) decides on his application for a POC or a period of six months elapses, whichever comes first.

The court issued a stay order in favour of the petitioners and also served notices to the respondents.

The petitioners had argued that Afghan husbands of Pakistani women, being fathers of Pakistani children, are legally entitled to POCs, contending that the right to family life is a fundamental right guaranteed by the Constitution of Pakistan.

It was further argued that children born to these marriages are citizens of Pakistan by birth under Section 4 of the Pakistan Citizenship Act, 1951.

Therefore, the state has both constitutional and international obligations to protect the sanctity of family life.

The lawyers informed the court that law enforcement agencies had already initiated the deportation of Afghan refugees after the expiry of their Afghan Citizen Card (ACC) and Proof of Registration (POR) cards.

As a result, Afghan husbands of Pakistani women who also qualify for POCs were being harassed daily, despite their applications being delayed due to lengthy and complex security clearance procedures.

More than a million Afghans have left Pakistan since November 2023, when the drive to repatriate them was launched. PTI AYZ GRS GRS GRS