Ktaer Abbas Habib Al Qutaifi and Another v Union of India and Others, 1999 CRI.L.J. 919
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What was at stake
Whether Iraqi asylum seekers detained in India could be removed while their claim raised a risk of return to persecution or serious harm.
What happened
Iraqi nationals who had entered India sought asylum and were detained by immigration authorities; they challenged their detention and the prospect of deportation on the ground that returning them to Iraq would expose them to persecution or serious harm.
What the court decided
The Gujarat High Court recognised non-refoulement as connected to Article 21 protection of life and liberty, and restrained deportation while refugee status and protection risk were considered.
How the court got there
The Gujarat High Court held that the principle of non‑refoulement is incorporated in the constitutional guarantee of life and liberty under Article 21, and therefore the court could not order their removal while the asylum claim and risk of persecution were still being assessed.
Statutes and cases cited
- § Refugee Convention art. 33
- § Constitution of India art. 21
Categories
Authoritative link
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