SC slams UN agency for opening 'showrooms' to issue refugee cards in India

The Supreme Court (SC) recently slammed the United Nations High Commissioner for Refugees (UNHCR) for issuing refugee cards to immigrants in India, adding that they have opened a “showroom” here and are issuing the certificates, LiveLaw reported. 

 

A two-judge bench of Justices Surya Kant and Joymalya Bagchi made these remarks while hearing a petition filed by a Sudanese man, who has been living in India since 2013. The man, who is now seeking asylum in Australia and has sought interim protection from the court, has two children, including a 40-day-old infant. The man's wife and children have been issued refugee cards.

 

Appearing for the petitioner, Senior Advocate S Muralidhar argued that individuals holding refugee cards issued by the United Nations High Commissioner for Refugees (UNHCR) stand on a different footing. He added that such persons are treated distinctly by both the Ministry of Home Affairs and the Foreigners’ Registration Office.

 

Hearing this, Justice Kant noted, "They (the UN Agency) have opened a showroom here, they are issuing certificates to [...] we don't want to comment on them."

 

The petitioner's counsel said that these refugee cards are issued after proper verification, and the process takes a few years. He said, "There are documents and forms which show that they give some weightage to this Refugee status."

 

Responding to it, Justice Bagchi observed that India has not ratified the relevant international treaty, the Refugee Convention, pertaining to refugee rights. “A corresponding legal right under municipal law does not really exist,” the judge said.

 

While the petitioner's lawyer acknowledged the same, he highlighted that in the last two months, there has been a sudden drive under which Africans in Delhi are being picked up. He added that this is the real apprehension and fear.

 

When asked why the petitioner does not move to Australia, his counsel said that he wishes to do so but is seeking some interim protection in the meantime. However, Justice Kant declined to grant interim relief, observing, “We must be extremely cautious… There are lakhs of people in similar situations."

 

The bench disposed of the plea after the Sudanese man's counsel highlighted that the National Human Rights Commission (NHRC) had taken cognisance of this case. The apex court allowed the petitioner to approach the Commission for any further directions, such as seeking protection against coercive action.

 

Earlier this year, in May, a judge, hearing a case concerning the deportation and living conditions of Rohingya refugees, observed that they cannot claim legal relief solely based on UNHCR cards in India.