Centre to SC: Foreign citizens can't be deported without nationality verification

The Centre has told the Supreme Court that a foreign national whose nationality remains unverified cannot be deported unless the individual's home country confirms the nationality and agrees to accept them.

The submission was made by the Ministry of Home Affairs in an affidavit filed before the apex court in a petition challenging the indefinite detention of people declared foreigners in Assam despite having no immediate prospect of deportation.

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"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 affidavit.

The Centre said a foreign national can be deported by the concerned state, Union Territory or the Foreigners Regional Registration Office after completing the sentence or court proceedings, provided the person holds a valid travel document or passport and no other criminal case is pending.

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"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.