"Go To Pakistan Or Some Gulf Country, Do Not Take Undue Advantage Of India's Liberal Attitude": Bombay High Court Tells Refugee Who Overstayed

Coming down heavily on a 'refugee' for overstaying in India, the Bombay High Court on Wednesday asked a Yemen national to go to Pakistan or some other Gulf countries instead of overstaying here.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan said the refugee cannot take 'undue advantage' of India's liberal attitude.

"You can go to Pakistan, which is in the neighbourhood. Or you can go to any gulf country. Do not take undue advantage of India's liberal attitude," the judges orally remarked.

The strongly-worded observation was made after noting that the petitioner Khaled Gomaeai Mohammad Hasan, a Yemen national, who overstayed in India and despite facing a 'Leave India Notice' was contesting the same. The bench noted that the petitioner was insisting on some relief as he wanted to move to Australia.

The petitioner Hasan a 'Refugee' card holder, was served with a 'Leave India Notice' by the Pune Police. He petitioned the High Court seeking protection from 'forcible' deportation. The refugee card was issued to them by the United Nations High Commission for Refugees (UNHCR).

In the plea, Hasan stated that he had been living in India for the last 10 years as his home country Yemen was experiencing the world's worst humanitarian crisis and due to an internal civil war, 4.5 million nationals have been displaced and two-thirds of the population of the country is in humanitarian crisis.

"Forcible deportation to Yemen would lead to persecution as there is a threat to life and limb of the petitioner and his family - wife and children. The proposed deportation was contrary to the International Customary Laws and also the Constitution of India as it violated basic human rights," the petitioner argued.

Notably, Hasan arrived in India in March 2014 on a student visa and his wife arrived in May 2015 on a medical visa. The couple's visas expired in February 2017 and September 2015, respectively.

The Pune Police issued the Leave India Notice to the family first in February this year and a subsequent one in April, asking them to leave India within 14 days of the receipt of the notice.

Before the bench, the petitioners sought protection from deportation at least till they got a visa for Australia.

The bench, however, agreed with special counsel Sandesh Patil representing the Pune Police that the petitioner can go to 129 other countries that permit refugee card holders. Yet the petitioner insisted on protection.

"We can only grant you protection for 15 days or so but not more than that," the bench made it clear to the petitioner to get his paperwork done for the Australia visa.

During the hearing, the judges sought to know about the nationality of the girl child, born to the petitioner during his stay in India.

"So by birth she would acquire Indian Citizenship. Mr Patil, what are the rules for such a scenario wherein a child is an Indian citizen and the parents are not?" the bench asked.

To this, Patil responded, "Milords, Indian citizenship can be acquired by birth only if either parent is Indian. Here both are from Yemen. Also, the birth took place after the parents' visas expired, which would mean that the parents are illegal immigrants. So citizenship to such child cannot be given."

The bench, however, asked Patil to enquire about the girl child of the petitioner as to what's her age, where she is presently getting educated etc.

The matter will be next heard after a week.