The judgment establishes the principle of non-refoulement, emphasizing the need for fair treatment of refugees and a conscious decision-making process before deportation.

ASHUTOSH KUMAR, J.

1. Dongh Lian Kham and Zel Khan Mang, whose country of origin is Myanmar, have prayed for a direction to respondent No.2, Foreign Regional Registration Officer (hereinafter referred as FRRO) not to deport them or their family members to their country of origin. In the present Writ Petition, it has also been prayed that the respondents be directed to produce before the Court the request made by the Ministry of Home Affairs (hereinafter referred as MHA) for deportation of the petitioners and their family members to their country of origin and to quash the decision of the Ministry of Home Affairs on the issue. An additional prayer has been made by the petitioners for a direction to the respondents to consider sympathetically the application preferred by them for grant of long term VISA as per the guidelines of Ministry of Home Affairs.

2. During the course of hearing of this petition, the counter affidavit filed by respondent Nos.1 & 2 i.e. the Union of India and Foreign Regional Registration Officer clearly and amply reveal the decision of the authorities to deport the petitioners to their country of origin. As such, the prayer for a direction to produce before the Court the request made by Ministry of Home Affairs for deportation of the petitioners to their country of origin and the decision of MHA on the issue is not pressed for.

3. The petitioners are citizens of the Republic of the Union of Myanmar who have been staying in India under long term VISA as mandate refugees since 2009 and 2011 respectively. Both the petitioners hail from the Ethnic Chin Community which is a minority in Myanmar. They fled from their country at different times and entered India as they apprehended retaliatory attack by the Military Junta in Myanmar. The petitioners also claim to be Christians and, therefore, part of minority religious community.

4. Petitioner No.1, Mr.Dongh Lian Kham was a pastor of the Church in his village who, on being suspected by the Burmese Army to be a sympathizer of Chin National Army (insurgents), left the country and fled to India with his family in the year 2009. He first stayed in Assam and thereafter approached United Nations High Commissioner for Refugees (hereinafter referred to as UNHCR), Delhi. Out of his many daughters, one was born in India. Similarly, petitioner No.2, Mr.Zel Khan Mang, a taxi driver, while driving his vehicle injured an army personnel. He was, therefore, suspected to be a member of the insurgents who deliberately injured an Army officer. He came to India in the year 2011 and contacted UNHCR in Delhi.

5. Both the petitioners have been issued certificates by the UNHCR recognizing them to be refugees who are required to be protected from forcible return to a country where they face threats to their life or freedom. Identity cards were also issued to the petitioners by the UNHCR. The identity card of petitioner No.1 is valid till 01.04.2017 whereas the identity card of petitioner No.2 is valid till 23.05.2017.

6. It has been submitted on behalf of the petitioners that because of their having been recognized by the UNHCR as refugees, long term VISA was granted by the respondents. The long term VISA which was granted to the petitioner No.1 expired on 04.01.2015 whereas the long term VISA of petitioner No.2 expired on 05.05.2012. Both the petitioners were promised by the UNHCR to assist them in getting their long term VISA extended. The petitioners have requested the respondents to extend their VISA.

7. However, while the request was pending before the authorities, the petitioners were made accused in a case under the Narcotic Drugs & Psychotropic Substances Act, 1985. They were found to be in possession of pseudoephedrine tablets. They were convicted vide judgment and order dated 24.11.2014 and were sentenced to undergo imprisonment for one year and seven months.

8. After the petitioners served their sentence in jail, they were detained in Sewa Sadan, Lampur, Narela, Delhi.