Despite criticism from international human rights organisations and the United Nations, the Pakistani government defends the deportations as a matter of national security and economic necessity. Officials insist that only those residing in the country illegally are being targeted.
In a landmark decision offering temporary relief to thousands of Afghan refugees, the Peshawar High Court (PHC) has ordered an immediate halt to the deportation, harassment, and detention of Afghan nationals holding Proof of Residence (PoR) cards until June 30, 2025.
The ruling, delivered on April 7 by a division bench comprising Justice Wiqar Ahmad Khan and Justice Dr. Khurshid Iqbal, follows a writ petition filed by Afghan PoR card holders who alleged systemic violations of their constitutional rights during Pakistan’s ongoing crackdown on undocumented immigrants.
The petition was lodged under Article 199 of the Constitution of Pakistan. It was filed by a group of Afghan nationals. They contended that despite possessing valid documentation authorising their stay in Pakistan, they were being targeted in the expulsion drive, detained without cause, and in some cases deported — a clear breach of fundamental rights enshrined in Articles 4, 9, and 10-A of the Constitution.
“This is a victory not just for Afghan refugees, but for the rule of law in Pakistan,” said one of the petitioners’ lawyers. “Our clients are not illegal immigrants; they are documented refugees whose status was recognized by the Government of Pakistan itself.”
No Orders Issued
The court’s judgment emphasised that any unilateral action against PoR holders would be in direct violation of a federal notification issued on July 22, 2024, which explicitly allows PoR holders to remain in the country until June 30, 2025.
During the hearings on April 4 and 7, the federal government – represented by Deputy Attorney General Rahat Ali Nahqi, officials from the Ministry of States and Frontier Regions (SAFRON), and the National Database and Registration Authority (NADRA) – clarified that no orders had been issued for the premature deportation of PoR card holders.
“The current repatriation campaign only targets illegal foreigners and Afghan Citizen Card (ACC) holders,” Nahqi told the court. “PoR holders are not included in the deportation drive, and any confusion to the contrary may have stemmed from misinterpretation or inaccurate media reporting.”
Panic Among Refugees
NADRA’s legal officer, Shahid Imran Gigyani, further stated that conflating PoR holders with undocumented migrants had sown panic among the refugee population. He urged for clearer public communication to ensure the distinction was understood by both authorities and the public.
The court directed that all federal and provincial law enforcement agencies immediately cease any action against PoR card holders until the June 2025 deadline. It also instructed the Deputy Attorney General and the Additional Advocate General to ensure that this order is promptly conveyed to all concerned authorities for implementation.
Beyond halting deportations, the petition also sought redress for those who had already been unlawfully detained or deported. The petitioners requested that detained PoR card holders be released and that deported individuals be allowed to return. They also called on the court to permit lawyers and human rights activists to monitor detention centres to ensure humane treatment.
While the court’s three-page judgment did not explicitly mandate such oversight, it left the door open for judicial review if future government policies were found to infringe upon refugees’ rights. The federal government retains the discretion to extend or amend the PoR policy after June 2025, but any such changes would be subject to court scrutiny.
The ruling impacts around 1.3 million Afghan PoR card holders in Pakistan — many of whom have lived in the country for decades after fleeing war and persecution in Afghanistan. While advocacy groups applauded the decision, they also warned of the uncertainty that looms beyond the June 2025 deadline.
“This ruling affirms the legal status of PoR holders, but it is a temporary solution,” said a spokesperson for the refugees’ legal team. “Pakistan must take this opportunity to devise a long-term refugee strategy that respects human dignity and aligns with international norms.”
Ongoing Repatriations of Other Groups Continue
While PoR holders have secured a judicial reprieve, the broader repatriation of Afghan nationals classified as illegal immigrants or ACC holders is ongoing. According to official figures, 2,547 Afghan citizen card holders and 3,130 undocumented immigrants were deported on April 8 alone through the Torkham border.
Since April 1, 2025, at least 8,115 ACC holders have been returned to Afghanistan via Torkham. In total, more than 491,000 undocumented Afghan nationals have been repatriated from Khyber Pakhtunkhwa since the government’s expulsion drive began in September 2023. The repatriation numbers from other provinces include 4,931 from Punjab, 160 from Islamabad, 44 from Sindh, 38 from Azad Kashmir, and one from Gilgit-Baltistan.
In Peshawar, a group of 105 Afghan migrants – including 61 children – who had been apprehended in Sialkot and Rawalpindi were being processed at a transit center before their scheduled deportation.
Despite criticism from international human rights organisations and the United Nations, the Pakistani government defends the deportations as a matter of national security and economic necessity. Officials insist that only those residing in the country illegally are being targeted.
However, allegations of wrongful detention and forced repatriation of documented refugees have persisted. The Peshawar High Court’s ruling has been seen as a crucial check on the actions of local enforcement agencies and a reaffirmation of judicial oversight in the protection of vulnerable populations.
As the June 2025 deadline approaches, the fate of Afghanistan’s long-standing refugee population in Pakistan hangs in the balance – with legal, political, and humanitarian implications yet to unfold.
