Peshawar High Court Stays Repatriation of Afghan Family Awaiting UNHCR Resettlement

PESHAWAR: The Peshawar High Court on Friday temporarily restrained law enforcement agencies from repatriating an Afghan family whose application for resettlement in a third country through the United Nations refugee agency is pending, according to Dawn.

The court, comprising Justice Waqar Ahmad and Justice Farah Jamshed, issued notices to the respondents, including the federal interior ministry, seeking their response to a petition filed by a former serviceman of the previous Afghan government. The petitioner, who was ousted from Afghanistan in 2021 along with his wife and three children, argued that he and his family would face persecution if returned to Afghanistan.

Advocate Saifullah Muhib Kakakhel, representing the petitioners, told the bench that the UN High Commissioner for Refugees (UNHCR) had recommended that the family be allowed to temporarily stay in Pakistan while their resettlement case is pending. He referred to a letter issued by the refugee agency on Jan 27, 2025, in support of the claim.

Kakakhel further argued that the petitioner, as a former serviceman, faced an immediate threat to his life and his family's safety if deported. He expressed concern that amid the government's ongoing crackdown on Afghan nationals residing in Pakistan, the petitioners might be arrested, and noted that reports of repatriation of Afghan refugees holding Proof of Registration (POR) cards and Afghan Citizens Cards (ACC) had been circulating in the media.

The counsel requested the bench to stay any arrest or deportation of the petitioners, asserting that they were entitled to protection. The bench accepted the request and adjourned the hearing.

Coverage Comparison

All coverage of this story in the provided sources comes from Dawn, Pakistan's English-language daily, with three separate reports covering the same events. The reports are consistent in their facts and framing, presenting the court's decision neutrally. No conflicting reports from other outlets were included in the analysis.

Key Claims

The following claims are reported across the Dawn articles:

  • The Peshawar High Court temporarily barred law enforcement agencies from repatriating an Afghan family whose asylum case for resettlement in a third country through the UNHCR is pending.
  • The family's asylum case for resettlement in a third country is pending.
  • The petitioner is a former serviceman of the previous Afghan government.
  • The petitioner and his family would face persecution if sent back to Afghanistan, as argued by the petitioners.
  • The UNHCR recommended the government allow the family to temporarily stay in Pakistan, according to a letter dated Jan 27, 2025.
  • The court granted relief to several detained Afghan nationals by approving bail on exceptional grounds, as reported in one of the Dawn articles.

Perspectives

This story comes from a single news outlet, Dawn, which presents the developments from a legal and human rights perspective. The reporting highlights the court's role in protecting Afghan nationals during Pakistan's crackdown on undocumented refugees. There is no counter-perspective from government officials or other sources in the provided material.

Context

The Peshawar High Court's decision comes amid Pakistan's broader enforcement against Afghan nationals, which has raised concerns among refugees holding POR and ACC documents. The court also approved bail for several detained Afghan nationals who are married to Pakistani women, granting them relief on exceptional grounds. This underscores the legal complexities surrounding the status of Afghan refugees in Pakistan and the ongoing efforts to balance national security with humanitarian protections.