Professional Documents
Culture Documents
By T H Shah
The Foreigners Act came into force on 23rd day of 1946 and provides for the exercise by
the Federal Government of certain powers in respect of the Foreigners into Pakistan, their
presence and their departures there from, and enacted as follows:
DEFINITION: In this Act, the following words and expressions are used in the
following senses:
1. The Federal Government may, by orders, make provision either generally or with
respect to all foreigners or with respect to any particular foreigner or any prescribe class
or description of foreigner, for prohibiting, regulating, or restricting the entry of
foreigners into Pakistan, or their departure there from for their presence or continued
presence therein.
2. In particular & without prejudice to the generality of the foregoing power, order made
under this section may provide that the foreigners:--
shall not enter into Pakistan only at such times & by such route & at such port or place &
subject to the observance of such conditions on arrival as may be prescribed;
shall not depart from Pakistan or shall depart only at such times and by such route and
from such port or place and subject to the observance of such conditions on departure as
may be prescribed;
shall not remain in Pakistan, or in any other prescribed area therein;
shall remove himself to, and remain in such area in Pakistan as may be prescribe;
shall comply with such conditions as me be prescribed or specified;
i) requiring him to reside in a particular place;
ii) imposing any restrictions on his movements;
iii) requiring him to produce such proof of his identity & to report such
particulars to such authority in such manner and at such time and
place as may be prescribed or describes;
iv) requiring him to allow his photograph and finger-prints to be taken and to
furnish specimen of his handwriting and signature to such
authority and at such time and place as may be describe or specified;
The Foreigners Act 1946 was amended into Foreign Order 1951 by the Federal
Government in exercise of the power conferred by the Section 3 of the Foreigners Act
1946 and in suppression of the Foreigners Order 1939, published in Notification No.
21/84/39, dated: 26th August 1939 by the Home Department of Late Government of India.
DEFINITIONS
In this Order:-
“Registration Officer” means R.O appointed by the Federal Government under Rule 3
of the Registration of Foreigners Rules, 1939, and includes an authority authorized by
Registration Officer in writing to perform the duties of Registration Officer under this
order;
“Civil Authority” means such authority as may be appointed by the Federal Government
in this behalf for such area as it thinks fit; and
“Port” includes and airport.
The Order extended to the whole of Pakistan and came into force at once, and enacted as
follows:
No foreigner shall enter Pakistan otherwise than at a port or such place of entry on the
borders of Pakistan as a Registration officer having jurisdiction at such port or place may
appoint in his behalf or without the leave of civil authority having jurisdiction at such
port or place.
Leave to enter shall be refused if the civil authority is satisfied that----
a) the foreigner is not in possession of a passport or visa valid for Pakistan or
has not been exempted from the possession of passport or visa or
b) he is unsound of mind or mentally defective
c) he has been sentenced in a foreign country for an extradition offence within
the meaning of Extradition Act, 1903; or
d) his entry is prohibited under an order issued by a competent authority or
under the specific orders issued by the Federal Government.
CRITICAL ANALYSIS
It is sorrow to say that Pakistan is not signatory to the 1951 Convention concerning the
Statues of Refugees and the 1967 Protocol; similarly it lacks substantial law or policy on
refugees. As a result refugees are treated under the Foreigners Act 1946. As Pakistan has
world's largest refugee populations for a quarter century, in spite of this there is little
understanding among law enforcement bodies or the judiciary of refugee law. Similarly,
Pakistan does not have domestic asylum on its land, and resultantly, asylum seekers &
refugees become victim of the criminal justice system. There is great lacuna concerning
legal status of refugees in Pakistan and the Constitution lacks provisions for refugees and
they are considered as illegal immigrants according to the laws. Due to this lacuna, the
asylum seekers and refugees continue to face arbitrary arrest and harassment. This
phenomenon also distorts the image of Pakistan in the world.
Taking nature of the gravity of the matter the Parliamentarians Commission for Human
Rights has submitted it’s the bill suggesting amendments in Foreign Act 1946.
(d) “Asylum Seeker' means a person who seeks recognition and protection as a refugee.”
(e)‘Refugee’ (i) Any person who is outside his country of origin, and who is unable or
unwilling to return to, and is unable or unwilling to avail himself of the protection of that
country because of a well-founded fear of persecution on account of race, religion, sex,
nationality, ethnic identity, membership of a particular social group or political opinion.
(ii) Any person who is owing to external aggression, occupation, foreign domination,
serious violation of human rights or other events seriously disrupting public order in
either part or whole of his country of origin, is compelled to leave his place of habitual
residence in order to seek refuge in another place outside his country of origin.
(f) “Endorsing Authority’ means, United Nations High Commissioner for Refugees,
National Aliens Registration Authority, Commissionerate for Afghan Refugees or any
other authority established or recognized by the Federal Government.”
2. Insertion of new Section 10A, Act XXXI of 1946. - In the said Act, after section
10, the following new section shall be inserted, namely: -
“Section 10A. - The letter of concern, permit, card or any other document, determining
the status, issued to person defined in paragraphs (d) and (e) of section 2, by the
Endorsing Authority empowered to do so shall be considered as legal permission to stay
in Pakistan and the penal provisions of this Act shall not apply to him.”
3. Amendment of Section 11 (3), Act XXXI of 1946. - In the said Act, sub-section
(3) of section 11 shall be substituted by the following, namely: -
“(3) Any police officer or authority empowered under this section, shall obtain search
warrant from the court to enter into a dwelling house or property.”
4. Amendment of Section 14B, Act XXXI of 1946. - In the said Act, in section
14B, after clause (ii) the following proviso shall be inserted, namely: -
“Provided that asylum seeker whose case is pending for the determination of status with
the Endorsing Authority defined in Section 2(f), shall not be deported unless his case is
finally disposed.”
Omission of Section 15, Act XXXI of 1946:- In the said Act, Section 15 shall be
All law institutions should teach international law as a complete subject with customary
law.
A short course on refugees’ laws should be started for professional lawyers and police
officers.
Provisions should be provided in Constitution on refugees laws.
(The writer is associated with the PFP as Director Research. He could be contacted
at:tajammulhs@gmail.com)