Peshawar High Court stays repartiation of Afghan family whose asylum case for resettlement in a third country is pending

PESHAWAR: The Peshawar High Court temporarily barred law enforcement agencies (LEAs) on Friday from repatriating an Afghan family whose asylum case for resettlement in a third country through the UN’s refugee agency is pending.

A bench comprising Justice Waqar Ahmad and Justice Farah Jamshed sought replies from the respondents, including the federal interior ministry, on a petition filed by an ex- serviceman under the former Afghan government.

He was ousted from Afghanistan along with his family members, including his wife and three children, in 2021.

The petitioners maintained they would face persecution if sent back to Afghanistan.

Advocate Saifullah Muhib Kakakhel represented the petitioners and contended that the United Nations High Commissioner for Refugees (UNHCR) had recommended to the government to allow them to temporarily stay in Pakistan as their case for resettlement in a third country was pending.

He referred to a letter issued by the refugee agency on Jan 27, 2025 for the petitioner.

Advocate Kakakhel argued that the petitioner, being an ex-serviceman under the former Afghan government, believed his and his family’s lives would be in danger if they were repatriated to Afghanistan.

He said that as the government had launched a crackdown against Afghan nationals residing in Pakistan, the petitioners might also be arrested.

The petitioners’ lawyer argued that reports of the repatriation of Afghans who hold Proof of Registration cards and Afghan Citizens Card cards had been circulating in the media, which was a matter of concern for the petitioners.

The counsel requested the bench to stay any arrest or deportation of the petitioners as they were entitled to protection.

The bench accepted his request and adjourned the hearing.