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India's top court rules UNHCR status doesn't grant right to stay, upholds deportation of Afghan man under immigration law.
The Delhi High Court ruled that UNHCR refugee certification does not grant legal right to stay in India, dismissing a plea by an Afghan national detained under the Foreigners Act, 1946.
The court emphasized India is not a party to the 1951 Refugee Convention, so UNHCR status cannot override immigration laws.
While acknowledging humanitarian concerns, the court stated courts cannot create residence rights and affirmed deportation remains an executive function subject to due process.
The petition was dismissed, and authorities were directed to proceed with deportation lawfully, considering the petitioner’s medical needs.
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El máximo tribunal de la India dictamina que el estatus de ACNUR no otorga el derecho a quedarse, y confirma la deportación de un hombre afgano bajo la ley de inmigración.