Right to Asylum and Refuge in Pakistan: A Detailed Judgment of SHC

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The Sindh High Court has given a seminal, detailed and pertinent judgment, PLD 2020 SHC 533, on seeking asylum and refugee in Pakistan by foreigners whose visas are expired and they are denied the renewal of their visas.ย  The Court has held that in the peculiar circumstances of the case at hand, the Turkish Petitioners, whom have been denied the renewal of their visas, ought to be afforded an opportunity of hearing as they had legitimate and legally enforceable expectations to have their visas renewed.

The Court further analyzed domestic and foreign judgments on the questions before the Court but they were declared as distinguishable as their facts were different from he case at hand.ย  The Court held that the Petitioners shall be given of an opportunity of being heard why their visas should be renewed. The petitioners had also filed applications with UNHCR for asylum and refuge which were pending during the case was filed in the SHC. The Court also held that the Petitioners cannot be removed legally from the jurisdiction of Pakistan unless their applications are decided by the UNHCR.ย  ย Once the applications are decided by the UNHCR, they are to be treated as per the law.

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P L D 2020 Sindh 533

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