Description

In Aamir Aman v Federation of Pakistan, the Sindh High Court was concerned with the situation of two Turkish nationals, who, by order of the federal government, faced deportation under the Foreigners Act. They had lived lawfully in Pakistan since the early 2000s on work-related visas, which continued to be extended until further extension was abruptly denied in 2016. The petitioners, in the meantime, filed asylum applications and were given ‘UNHCR Asylum-Seekers Certificates’, which confirmed that their asylum applications had been received and decisions by UNHCR were pending. Despite acknowledging these certificates, the government decided to deport the petitioners.

The Sindh High Court held that the government should respect the Cooperation Agreement with UNHCR and accordingly ‘wait for and abide by the decision of the UNHCR’. It went further to state that ‘this position is to be applauded and is consistent with Pakistan’s international stance and position’. The court demanded that the federal government immediately issue a revised order to ensure that the relevant provisions of the Foreigners Act did not apply to the two Turkish nationals and their families until their applications were decided by UNHCR. Although deportation was stayed, it was not completely ruled out. If the petitioners’ asylum applications were rejected by UNHCR, the only remedy the court could provide would be a 15-day recess period after the order was passed, to allow them to challenge the deportation order before the court.