Peshawar: In a significant development in refugee and human rights law in Pakistan, the Peshawar High Court has granted interim relief in favour of individuals holding UNHCR refugee status who are currently residing in Pakistan and awaiting resettlement to third countries. The Honourable Court has issued a stay order, directing all concerned authorities to immediately stop arresting, harassing, or deporting such individuals to Afghanistan.
The case was filed in light of increasing actions under Section 14 of the Foreigners Act, 1946, where individuals linked with UNHCR documentation were being subjected to arrest, FIRs, and deportation despite being under international protection and pending resettlement processes.
During the proceedings, it was argued that persons recognized by UNHCR and undergoing third-country resettlement cannot be treated as illegal entrants nor subjected to coercive measures without due process. It was further contended that such actions violate constitutional guarantees, including the right to dignity, liberty, and protection of family life, as well as Pakistan’s international humanitarian obligations.
After hearing detailed arguments, the Honourable Peshawar High Court was pleased to grant interim protection, restraining law enforcement agencies and all relevant authorities from taking any coercive action against the petitioners. The Court clearly directed that no arrest, harassment, or deportation shall be carried out until the cases of these individuals are finally decided by UNHCR or relevant international authorities.
This order provides immediate legal protection to vulnerable refugees and ensures that individuals awaiting resettlement are not unlawfully targeted under domestic laws. The judgment is being seen as a strong reaffirmation of judicial oversight in matters involving refugee protection and fundamental rights in Pakistan.
The relief was secured by Saifullah Muhib Kakakhel, Advocate Supreme Court of Pakistan, who represented the affected individuals before the Peshawar High Court and successfully obtained a stay order against illegal arrest and deportation.
This development is particularly important for individuals facing issues related to UNHCR refugee status, arrest under the Foreigners Act, deportation risks to Afghanistan, pending resettlement cases, and identity or NADRA-related complications, and provides a clear legal pathway for seeking protection through constitutional petitions.