Asylum
ISLAMABAD: The Islamabad High Court has dismissed a case against an Afghan woman who entered Pakistan without a visa. The court cited her status as a refugee fleeing for her life.
IHC’s Justice Babar Sattar ruled that police could not prosecute her under the Foreigners Act due to her refugee status. The court ordered the quashing of the FIR. The court also instructed the Ministry of Interior to promptly issue an exit permit for her.
Notably, the petitioner, Rahila Azizi, previously served in the Afghan Police. She sought refuge in Pakistan after the Taliban’s takeover of Kabul. She got refugee status and a humanitarian “woman at risk” visa by Australia.
However, she faced charges under the Foreigners Act for her unauthorized entry into Pakistan. It led to her imprisonment, which prevented her from leaving the country.
Justice Babar Sattar emphasized that the issue in the case was the UNHCR’s recognition of the woman as a refugee.
Legal counsel of Afghan refugee’s arguments in asylum case
The Afghan woman’s legal counsel argued that entering Pakistan illegally is a crime with up to 10 years in prison.
Nevertheless, Azizi could not be detained under the law because the UNHCR certificate confirmed her escape to Pakistan to safe her life.
Justice Sattar clarified that the purpose of the Foreigners Act was to regulate the entry and exit of foreigners. Its purpose is not to punish individuals who sought refuge in Pakistan to escape life-threatening situations.
He emphasized the need to interpret the law in light of other constitutional articles, including Articles 4, 9, and 10, which protect fundamental rights.
The judge stated that the absence of a national legal framework for refugees in Pakistan should not subject individuals fleeing for their lives to imprisonment as stipulated in Section 14(2) of the Foreigners Act.
He also noted that assisting a refugee in settling in a third country would not undermine Pakistan’s humanitarian credentials.
