Peshawar High Court halts deportation of Afghans awaiting resettlement abroad

• Court issues notices to interior ministry and other respondents
• UNHCR had recommended temporary stay for the Afghan family

PESHAWAR: The Peshawar High Court has temporarily restrained law enforcement agencies (LEAs) from deporting an Afghan family whose asylum case for resettlement in a third country through UNHCR is pending.

A PHC bench comprising Justice Wiqar Ahmad and Justice Farah Jamshed issued notices to the respondents, including the interior ministry, seeking their responses to a petition filed by a former serviceman of the Afghan government ousted in 2021, along with his wife and three children.

The petitioners argued that they would face persecution if deported to Afghanistan.

Advocate Saifullah Muhib Kakakhel, representing the petitioners, contended that the UNHCR had recommended their case to the government of Pakistan for temporary stay, as their resettlement process was still pending. He referred to a letter issued by UNHCR on Jan 27, 2025, in support of their claim.

He argued that the petitioner, being a former serviceman of the previous Afghan government, faced an immediate threat to his life and that of his family if deported. He further expressed concern that, amid the ongoing crackdown on Afghan nationals, the petitioners could also be arrested.

The counsel added that reports of deportation of holders of Proof of Registration (POR) cards and Afghan Citizens Cards (ACC) had been circulating in the media, causing serious concern for the family. He requested the court to restrain authorities from arresting or deporting the petitioners, asserting that they were entitled to legal protection.

Bail cases

The high court also granted relief to several detained Afghan nationals by approving bail on exceptional grounds.

In multiple cases, detainees stated that they were married to Pakistani women and were therefore eligible for Pakistan Origin Cards (POC).

A single-member bench headed by Chief Justice S M Attique Shah granted bail to such petitioners on the condition of furnishing two surety bonds of Rs100,000 each.

In one case, advocates Malik Aamir and Asif Sabir represented petitioner Shakir Ullah, who had been arrested on March 1, 2026, by personnel of the Khan Razik Shaheed Kabuli police station. They informed the court that their client had married a Pakistani citizen, Ms Shabina.

They further stated that Shakir Ullah had previously filed a petition seeking issuance of a POC.

The court had disposed of that petition on April 7, directing the government not to deport him for six months or until Nadra decided his application, whichever came earlier.

Published in Dawn, April 11th, 2026