The central government has informed the Supreme Court that a foreign national cannot be deported unless their home country confirms their nationality and agrees to accept their return. This clarification was submitted in an affidavit to the apex court, addressing procedures for the repatriation of individuals whose nationalities remain unverified.
Information was available with The Chenab Times indicating that the Ministry of Home Affairs stated, “A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation of their nationality/possession of a valid travel document/acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification.” This stance outlines a critical step in the deportation process, emphasizing the need for official confirmation from the country of origin.
The Ministry further elaborated on the process for handling such cases. It stated that in situations where a foreigner’s nationality is unverified, the relevant state government or the Foreigners Regional Registration Office (FRRO)/Foreigners Registration Office (FRO) is required to liaise with the Ministry of External Affairs. This collaboration is crucial for facilitating the issuance of necessary travel documents, a process that should be initiated immediately upon the individual’s arrest or the registration of a First Information Report (FIR), whichever occurs first. Providing the foreigner’s details and photograph is integral to this procedure.
Until the nationality of such individuals is confirmed and deportation becomes feasible, the Centre argued for the necessity of legally restricting their movement. This measure, it contended, is essential to prevent them from absconding, to safeguard national security, and to ensure the eventual facilitation of their repatriation. This suggests a proactive approach to managing the presence of undocumented foreign nationals within the country.
The affidavit was filed in response to a significant directive issued by the Supreme Court on March 21, 2025. This order was related to a petition that challenged the prolonged and potentially indefinite detention of individuals declared as foreigners in Assam, particularly when there appeared to be no immediate prospects for their deportation. The court’s intervention highlights concerns regarding the human rights and legal standing of individuals held in such circumstances.
The Centre’s submission also detailed the prerequisites for deportation by state or Union Territory authorities, or by the FRRO/FRO. These requirements include the completion of any sentence or court proceedings against the individual, the possession of a valid travel document or passport, and the absence of any other pending criminal cases. These conditions are designed to ensure that deportation is carried out legally and ethically, only after all judicial and administrative processes are concluded.
In essence, the Ministry of Home Affairs’ response underscores the international protocols and legal frameworks that govern the deportation of foreign nationals. The emphasis on nationality verification and the agreement of the home country to accept the individual are presented as fundamental conditions that must be met before any deportation proceedings can commence. This approach aims to balance national security concerns with the rights and established procedures related to international migration and statelessness.
The Chenab Times News Desk