Justice Surya Kant Slams UNHCR for Issuing Refugee Cards in India: “They’ve Opened a Showroom Here”

A bench of Justices Surya Kant and Joymalya Bagchi made the observation while hearing a plea filed by a Sudanese national who has been residing in India since 2013.

The petitioner, who has a wife and two children, including a 40-day-old infant, sought interim protection from deportation while awaiting asylum in Australia.

Appearing for the petitioner, Senior Advocate S. Muralidhar argued that individuals possessing UNHCR-issued Refugee Cards are treated differently by the Ministry of Home Affairs and the Foreigners’ Registration Office, noting that the cards are issued only after a detailed verification process that can take years.

Justice Kant, however, expressed disapproval of the UN agency’s actions, saying, “They have opened a showroom here and are issuing certificates.”

Justice Joymalya Bagchi added that since India has not ratified the Refugee Convention, the cards hold no legal standing in municipal law. “Legal right in municipal law really is not there,” the judge said.

Muralidhar responded that recent police actions had heightened fear among African nationals in Delhi, claiming that many were being “randomly picked up.”

When asked by the Bench why the petitioner did not move to Australia, Muralidhar said he wished to do so but sought temporary protection in the meantime. The Court, however, declined interim relief, noting the sensitivity of the issue involving “lakhs and lakhs” of foreigners residing in India.

The Bench disposed of the petition, granting liberty to the petitioner to seek appropriate directions, including protection from coercive action, from the National Human Rights Commission, which has already taken cognizance of the matter.

Notably, in May this year, Justice Dipankar Datta had also held that refugees in India cannot claim relief based on UNHCR cards in a case concerning Rohingya deportations and living conditions.