'They Have Opened A Showroom Here': Justice Surya Kant On United Nations Agency Issuing Refugee Cards To Immigrants In India

Justice Surya Kant of the Supreme Court recently deprecated a United Nations agency's issuance of Refugee Cards to immigrants in India. "They have opened a showroom here and are issuing certificates", the judge said.

A bench of Justices Kant and Joymalya Bagchi was dealing with the petition of a man who hails from Sudan but has been in India since 2013. As per claims, he has two children, including a 40-day old infant, and his wife as well as child have been issued Refugee Cards. He is seeking asylum in Australia and prayed the Supreme Court for interim protection.

Arguing for the man, Senior Advocate S Muralidhar contended that persons who have been issued Refugee Cards by the United Nations agency (United Nations High Commission for Refugees) are on a different footing. They are also treated differently by the Ministry of Human Affairs and the Foreigners' Registration Office.

Hearing this, Justice Kant commented, "they (the UN Agency) have opened a showroom here, they are issuing certificate to [...] we don't want to comment on them".

At this point, Muralidhar submitted that the Refugee Cards are issued after proper verification and the process takes a couple of years. "There are documents and forms which show that they give some weightage to this Refugee status...", he said.

In response, Justice Bagchi noted that India has not ratified the concerned international treaty/convention (Refugee Convention) with respect to refugee rights. "Legal right in municipal law really is not there...", the judge said.

Muralidhar conceded that he is aware of the same but pointed out that in the last 2 months, there has been a sudden drive under which Africans in Delhi are being randomly picked up. "This is the real apprehension and fear...we are awaiting asylum status for Australia and suddenly we are told...", he added.

Subsequently, Justice Bagchi asked why the petitioner does not move to Australia. Muralidhar replied that he wishes to do so, but in the meantime, some interim protection may be granted. Unconvinced to grant interim relief, Justice Kant remarked, "We have to be very very careful about...lakhs and lakhs are sitting here...if somebody makes an effort to...".

When Muralidhar informed that the National Human Rights Commission has also taken cognizance of the petitioner's case, the bench disposed of the petition, giving liberty to the petitioner to seek "any further direction" (such as, for no coercive action) from the Commission.

It is apposite to mention that in May, while dealing with a plea related to deportation and living conditions of Rohingya refugees, Justice Dipankar Datta also said that refugees in India cannot claim reliefs based on UNHCR cards. 

Case Title: YOUSIF HAROUN YAGOUB MOHAMED Versus UNION OF INDIA AND ORS., W.P.(C) No. 931/2025