Foreign citizen cannot be deported unless home country confirms nationality: Centre to SC

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.

“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.

According to the Centre, a foreign national can be deported by the concerned state, Union Territory, 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.

“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,” it said.