A bench of the Supreme Court, led by Justice Surya Kant, sharply criticized the practice of a United Nations agency issuing Refugee Cards to immigrants residing in India. “They have opened a showroom here and are issuing certificates,” remarked Justice Kant during proceedings.
The case before the Court involved a Sudanese national who arrived in India in 2013. He has a baby just 40 days old, and both his wife and child have been given Refugee Cards. The petitioner seeks interim protection while awaiting asylum status in Australia.
During the hearing, Senior Advocate S. Muralidhar argued that those who hold Refugee Cards from the UN agency (UNHCR) are treated differently by the Ministry of Home Affairs and the Foreigners’ Registration Office. In response, Justice Kant reiterated his concerns about the widespread issuance: “We don’t want to comment further, but they are issuing these certificates openly.”
Justice Joymala Bagchi observed that India has not ratified the international Refugee Convention. “Under our domestic law, there is no statutory right as such,” she said.
Muralidhar acknowledged this, but warned of a recent surge in enforcement actions against Africans in Delhi. He said, “In the past two months there have been random pick-ups. We are pursuing asylum abroad, but meanwhile we face immediate action.”
The Court declined to grant interim protection. Justice Kant cautioned that granting relief could set a precedent affecting lakhs of persons in similar circumstances. The bench disposed of the plea, while granting the petitioner freedom to seek further directions — for example, protection from coercive measures — from the National Human Rights Commission.
In an earlier case concerning the deportation and living conditions of Rohingya refugees, Justice Dipankar Datta had also held that one cannot derive enforceable rights from UNHCR cards in India.
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