Islamabad, Pakistan – For decades, Pakistan has hosted one of the largest populations of refugees and migrants in the world, primarily from neighboring Afghanistan. However, the legal landscape shifted dramatically in October 2023 with the announcement of the “Illegal Foreigners’ Repatriation Plan” (IFRP). As Pakistan intensifies its crackdown on undocumented migrants and re-evaluates the status of long-term residents, understanding the complex interplay of the Foreigners Act of 1946, judicial rulings, and international law has become critical for the millions of foreign nationals living within its borders.
The Legal Framework: The Foreigners Act of 1946
The cornerstone of deportation law in Pakistan remains the Foreigners Act of 1946. This colonial-era legislation grants the federal government sweeping powers to detain, monitor, and expel any foreign national found within Pakistani territory.
Under Section 14 of the Foreigners Act, authorities can arrest without a warrant foreigners suspected of entering the country illegally or violating the conditions of their visas . This law has been the primary tool used by law enforcement agencies, including the Police and Special Branch, to detain individuals during the recent crackdowns in cities like Rawalpindi and Mansehra .
Key Triggers for Deportation
A foreign national may face deportation from Pakistan for several reasons:
- Illegal Entry/Presence: Entering without a visa or overstaying a visa period.
- Violation of Visa Conditions: Working on a tourist visa or engaging in political activities on a business visa.
- Criminal Conviction: While foreign nationals are subject to local criminal laws, they often face deportation following the completion of their sentence.
- Security Threats: The state retains the right to expel individuals deemed a threat to national security, often without public evidence.
The “Illegal Foreigners’ Repatriation Plan” (IFRP) and the Afghan Exodus
The most significant application of deportation law in recent history is the IFRP, launched in October 2023. Initially targeting undocumented Afghans, the policy has since escalated to include those holding legal documentation.
The Three Phases of Repatriation
- Phase 1 (Undocumented): The initial deadline of November 1, 2023, demanded that all “illegal foreigners” leave voluntarily or face arrest and forced expulsion.
- Phase 2 (ACC Holders): In March 2025, the government announced that holders of the Afghan Citizenship Card (ACC) — a form of legal residency—must leave by April 30, 2025, or face deportation .
- Phase 3 (PoR Card Holders): The most recent phase targets Afghans holding Proof of Registration (PoR) cards, which are UNHCR-recognized refugee documents. The deadline set for this group was June 30, 2025 .
By mid-2025, over 950,000 Afghans had been repatriated or deported under this plan .
Judicial Intervention: Due Process vs. State Authority
While the executive branch holds broad power, Pakistan’s judiciary has emerged as a critical check on arbitrary deportation.
The Right to Family Life
In a landmark ruling in 2025, the Peshawar High Court (PHC) temporarily barred the deportation of approximately 40 Afghan nationals married to Pakistani women. The court ruled that these men could not be deported until the National Database and Registration Authority (NADRA) decided on their application for Pakistan Origin Cards (POCs) , recognizing that the right to family life is a fundamental right protected by the constitution .
The Requirement of Civil Authority
Similarly, the Azad Jammu and Kashmir (AJK) High Court ruled in early 2026 that foreigners cannot be detained or deported arbitrarily without due process. The court noted that deportation must follow formal visa cancellation and requires the appointment of specific civil authorities to handle such cases, declaring informal “pushbacks” unlawful .
Asylum Seekers’ Protection
Echoing international standards, the Sindh High Court ruled in Aamir Aman v Federation of Pakistan that the government must respect the Cooperation Agreement with UNHCR. The court held that authorities must wait for UNHCR’s decision on an asylum application before proceeding with deportation, prohibiting the state from refouling (forcibly returning) individuals to places where they face persecution .
The Debate: Dual Nationals and Citizens
A common misconception is that Pakistani citizens cannot be deported. Legally, Pakistan cannot deport its own citizens (unless they have lost their citizenship due to treason or joining a foreign military). However, dual nationals who are involved in anti-state activities may find themselves stripped of their Pakistani citizenship, rendering them deportable to their other country of nationality .
Furthermore, the state has significant power to restrict movement. The Federal Constitutional Court (FCC) recently restored the government’s authority to inactivate passports and place deportees on the Passport Control List (PCL) , preventing citizens who were deported from other countries from leaving Pakistan again for specific periods .
International Law and Non-Refoulement
Pakistan is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, meaning there is no domestic legal framework for “refugee status” as defined by international law .
However, the principle of Non-Refoulement —the prohibition of returning individuals to a place where they face torture, persecution, or death—is considered a norm of customary international law. Following the Taliban takeover of Afghanistan in 2021, UNHCR issued a non-return advisory for Afghan nationals.
Critics, including Human Rights Watch and the Human Rights Commission of Pakistan (HRCP), argue that the IFRP violates this principle by forcing people back to a country in crisis, using “indirect pressure” such as home raids, arbitrary arrests, and confiscation of documents .
Frequently Asked Questions (FAQs)
Q1: Can the Pakistani government deport a person with a valid visa?
Yes, in specific circumstances.
While a valid visa grants a right to residence, it is conditional. The government can cancel the visa and initiate deportation if the individual violates the terms of the visa (e.g., working on a tourist visa), engages in illegal activity, or is deemed a threat to public order. The AJK High Court has ruled that due process must be followed; the visa must be formally cancelled, and a hearing should be provided before deportation .
Q2: What is the difference between an ACC holder and a PoR card holder in Pakistan?
- Afghan Citizenship Card (ACC): This card was issued by the Pakistani government to Afghans who arrived during the 1980s Soviet invasion. It provides legal residency but not formal “refugee” status under UNHCR mandates. Phase 2 of the IFRP targets these individuals for repatriation .
- Proof of Registration (PoR) Card: This is issued by UNHCR in collaboration with Pakistan to formally recognized refugees. Historically, this provided robust protection against deportation. However, under Phase 3 of the IFRP, even these holders are now being asked to leave by specific deadlines .
Q3: Does a foreign national have the right to a lawyer before deportation?
Yes, in theory, though access can be limited.
The Constitution of Pakistan provides for due process. Courts have consistently ruled that arbitrary detention and deportation without legal proceedings are illegal. For example, the AJK High Court mandated the appointment of civil authorities to oversee cases under the Foreigners Act. If arrested, a foreign national has the right to challenge their detention and deportation order in court .
Q4: What is “Non-Refoulement” and does it apply in Pakistan?
Legally, yes, but enforcement is complex.
Although Pakistan hasn’t signed the Refugee Convention, courts like the Sindh High Court have upheld the principle that the state should follow UNHCR determinations to prevent returning people to danger . However, under the current IFRP, the government argues these individuals are “illegal aliens” rather than refugees, creating a legal loophole that critics say violates the spirit of non-refoulement .
Q5: Can an Afghan national married to a Pakistani citizen be deported?
Not easily, and not without a court hearing.
The Peshawar High Court has specifically protected this group. In a 2025 ruling, the court stayed the deportation of Afghan husbands married to Pakistani women, ruling that they are entitled to apply for a Pakistan Origin Card (POC) . As fathers of Pakistani children, their right to family life is constitutionally protected. Authorities cannot deport them while their residency applications are pending .
Q6: I was deported from Iran or the Gulf. Can Pakistan stop me from traveling again?
Yes.
If a Pakistani citizen is deported from a foreign country for illegal immigration or criminal activity, the Federal Investigation Agency (FIA) has the authority to place that individual on the Passport Control List (PCL) . The government can inactivate their passport and impose a travel ban (often five years) to discourage human trafficking and protect the country’s international image .
Q7: Is there legal protection for stateless persons born in Pakistan?
This is a legal grey area.
The Pakistan Citizenship Act of 1951 grants citizenship to those born in Pakistan. However, the Human Rights Commission of Pakistan (HRCP) has warned that the current definition of “foreigner” in the Foreigners Act is too broad and ignores stateless persons. There is currently no robust legal mechanism to protect individuals born in Pakistan who cannot claim citizenship elsewhere, leaving them vulnerable to deportation
