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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KALYAN RAI SURANA, SUSMITA PHUKAN KHAUND
Rahim Uddin – Appellant
Versus
Union Of India, Rep. By The Secretary To The Govt Of India, Deptt. Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. aggrieved petitioners by tribunal's order. (Para 1 , 2 , 3 , 4) |
| 2. petitioners argue tribunal's errors in evidence. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. respondents assert burden of proof on petitioner. (Para 13 , 14 , 15) |
| 4. tribunal's acknowledgment of evidence standards. (Para 16 , 17 , 18 , 19 , 20) |
| 5. court's analysis of tribunal's findings. (Para 21 , 22) |
| 6. insufficient evidence from petitioners; linkage not proven. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 7. petitioners' failure to disclose key family information. (Para 29 , 30 , 31 , 32) |
| 8. petition dismissed; consequences of tribunal's order upheld. (Para 33 , 34 , 35) |
JUDGMENT :
S.P. Khaund, J.
Factual Matrix :-
1. The petitioners are aggrieved by the judgment and order dated 15.09.2018 passed by the Member, Foreigners Tribunal (2nd), Morigaon, Assam, in connection with FT Case No.251/2012, Police Reference FT Case No. 458/2008.
2. The Union of India represented by the Secretary to the Government of India, Department of Home Affairs, the Election Commission of India, the State of Assam represented by the Commissioner & Secretary to the Government of Assam, Department of Home, the Deputy Commissioner, Morigaon, the
The burden of proof concerning citizenship rests with the individual asserting citizenship; insufficient evidence leads to the designation as a foreigner, reaffirming that mere document submission is....
The burden of proof to establish citizenship lies on the person asserting it, requiring credible evidence of lineage and personal knowledge.
The burden lies on the petitioner to provide reliable evidence establishing citizenship, which was not met, leading to the declaration of foreign status.
Learned Tribunal is required to re-examine the issue by taking into consideration explanation offered by petitioner about discrepancy and pass a fresh opinion as regards citizenship status of petitio....
In citizenship determination proceedings, the burden of proof lies on the individual to establish ancestral linkage through consistent, corroborated documentary evidence. Mere production of documents....
The burden of proof lies with the petitioner to establish citizenship through credible evidence, and discrepancies in documentation can lead to a declaration of foreign nationality.
The burden of proof for citizenship lies with the individual claiming it, and failure to provide credible evidence results in a declaration of foreigner status.
Merely because documents were collected by petitioner during pendency of reference, it cannot be a ground to ignore same as documents have to be examined as regards the genuineness, authenticity, rel....
Illegal immigrant - Declaration as foreigner - petitioner's father and his grandfather were in-possession of certain property in Assam before 1971 - corroborating evidences to show that the petitione....
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