A foreign national, whose nationality is unverified, cannot be deported unless his home country confirms the nationality and agrees to accept him, the Centre has told the Supreme Court.
The submission was made in an affidavit filed before the top court by the Ministry of Home Affairs in a plea challenging the indefinite detention of persons declared foreigners in Assam without prospects of deportation. It was made in the pending writ petition filed by Rajubala Das, which concerns persons declared to be foreigners whose nationality remains unknown. The affidavit has been filed in compliance with the Supreme Court's March 21, 2025 order.
"A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation of their nationality/possession of a valid travel document/acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification," the Centre said in the submission.
The Union Government has informed the Supreme Court that a foreign national whose nationality is unverified cannot be deported unless the person's home country confirms the nationality and agrees to accept them, stating that the deportation process cannot even be initiated without nationality verification.
The MHA stated that under the existing deportation procedure, a foreign national can ordinarily be deported by the concerned State Government, Union Territory Administration or the Foreigners Regional Registration Office after completion of the sentence or court proceedings, provided the individual possesses a valid travel document or passport and no other criminal case is pending against them.
However, where the foreign national does not possess a valid travel document, the government said it is necessary to obtain one through the Embassy or High Commission of the country concerned after nationality verification. "It is necessary to obtain the requisite travel document from the Embassy/High Commission of the country concerned through the process of nationality verification before he/she can be deported," the affidavit states.
Emphasising that deportation depends upon the cooperation of the foreign State, the Union said: "A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation of their nationality/possession of a valid travel document/acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification.The Union further submitted that until nationality is verified and deportation becomes possible, such illegal migrants must have their movement legally restricted.
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