UNHCR Refugee Certification Not Substitute For Valid Visa For Foreign Nationals: Delhi High Court

The Delhi High Court has observed that United Nations High Commissioner for Refugees (UNHCR) certification is not a substitute for a valid visa for foreign nationals under the Foreigners Act, 1946. “UNHCR certification, though relevant for humanitarian consideration, does not confer any enforceable legal status upon an individual under Indian municipal law. It cannot substitute for a valid visa or authorize continued residence in India contrary to the Foreigners Act, 1946, which governs the entry, stay, and deportation of foreign nationals,” Justice Sanjeev Narula observed. The Court observed that deportation of a foreign national is within the exclusive domain of the executive, subject to compliance with law and fair procedure.Justice Narula was dealing with a plea filed by an Afghanistan national, Qadir Ahmed, seeking direction on the authorities to release him from the Detention Centre at Lampur. During his stay, Ahmed was arrested in an FIR registered in 2016 at IGI Airport police station. He was subsequently convicted by the Sessions Court under Section 14 of the Foreigners Act, 1946. In August, 2024, the High Court had clarified that while Ahmed had been sentenced for the period already undergone, the sentencing court could not have directed deportation proceedings in its order. The condition was modified to require Ahmed to appear before the FRRO within seven days.Ahmed sought to resist his deportation by placing reliance on a certificate issued by the United Nations High Commissioner for Refugees (UNHCR), claiming to recognize him as a refugee.Rejecting his argument as unsustainable, the Court said that India is not a signatory to the 1951 Convention Relating to the Status of Refugees or the 1967 Protocol. “A foreigner's presence in the country is purely permissive and regulated by statute. Judicial review, therefore, is confined to ensuring that deportation is carried out in accordance with law, not to confer any right of residence where none exists,” the Court said.It added that Courts may intervene to prevent arbitrary or unlawful detention, but not to recognize or create a right to reside in India where none exists in law.Justice Narula said that Ahmed, having been convicted under Section 14 of the Foreigners Act, cannot seek release from the detention centre absent lawful permission to remain in India.“While this Court is conscious of the humanitarian difficulties that may arise during deportation, it must be emphasised that such considerations cannot override the statutory framework. In the absence of recognition by the Union of India of refugee status, or possession of a valid visa, the Petitioner's prayer for release from detention cannot be granted,” the Court said.The Court disposed of the plea, leaving it open to the authorities to conclude Ahmed's deportation proceedings in accordance with law, with due regard to his medical and humanitarian needs during custody.Title: QADIR AHMED v. THE STATE NCT OF DELHI AND ANRCitation: 2025 LiveLaw (Del) 1215Click here to see order

UNHCR Refugee Certification Not Substitute For Valid Visa For Foreign Nationals: Delhi High Court

Nupur Thapliyal

Tags