PESHAWAR – The Peshawar High Court (PHC) has halted the deportation of 51 Afghan refugees families caught in doubtful citizenship cases, ordering the cancellation of their Afghan Citizen Cards (ACC) and Proof of Registration (PoR) cards if they are found to be Pakistani nationals. The ruling establishes a new electronic process for resolving disputes over citizenship.
Court ruling
The judgment was delivered on 2 September 2025 by Justices Wiqar Ahmad and Muhammad Ijaz Khan, who disposed of dozens of writ petitions filed by families claiming Pakistani nationality. The lead case was Mst. Lal Pari vs. Federation of Pakistan.
Advocates Saifullah Muhib Kakakhel and Nouman Muhib Kakakhel represented 51 petitioning families, while Additional Attorney General Sanaullah Khan appeared for the Ministry of Interior, the Ministry of States and Frontier Regions (SAFRON), and the National Database and Registration Authority (NADRA).
Background to the case
The decision came just one day after the government’s 1 September deadline for the repatriation of more than 1.3 million Afghan refugees with expired PoR cards. The Peshawar High Court noted that “confusion” had been created by government officials, who initially said doubtful citizenship cases should be handled by the interior ministry, but later delegated those powers to NADRA.
New process for applicants
Under the court’s order, petitioners must submit their applications to NADRA’s Service Delivery Center on Ring Road, Peshawar, or to other designated centers. NADRA will then process these applications and issue a “clearance certificate” under Section 19 of the Pakistan Citizenship Act of 1951.
Once NADRA issues this certificate, it must be sent electronically to the Ministry of SAFRON, which will have a 15-day deadline to raise any objections. If no objection is filed, NADRA will cancel the applicant’s ACC or PoR card and issue a Computerized National Identity Card (CNIC).
The court emphasised that this electronic system was intended to reduce hardship for applicants who might otherwise have to travel to Islamabad. It also directed the interior ministry and NADRA to identify cases where ACCs had been wrongly issued to Pakistani nationals, and to share this data with district and police administrations so individuals are not harassed or deported while their cases remain pending.
Building on earlier precedent
This ruling expands on a previous Peshawar High Court judgment from May 2024, which held that a Pakistani woman married to an Afghan national is entitled to dual nationality and a CNIC. The same decision granted children from such marriages dual nationality until the age of 21.
The Peshawar High Court’s latest ruling offers immediate relief to families facing deportation but also highlights the fragile position of Afghan refugees in Pakistan. While the decision streamlines citizenship verification, it underscores the precarious situation for over a million refugees navigating shifting policies, bureaucratic confusion, and a political climate increasingly critical of their presence.
