Immigration black list check ? Immigration lawyer. How do I get out of immigration black list in Pakistan?
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Immigration Black list meaning ?
An "immigration blacklist" typically refers to a list of individuals who are prohibited from entering a specific country. These lists are often created and maintained by immigration authorities and contain names of individuals who may be deemed a security threat, have committed immigration violations, or for other reasons are not allowed to enter the country. Being on an immigration blacklist can result from various factors such as criminal activities, visa violations, or national security concerns. Countries maintain these lists to regulate and control who is permitted to enter their borders.
Immigration black list meaning in urdu ?
ایک "امیگریشن بلیک لسٹ" سے مراد عام طور پر ان افراد کی فہرست ہوتی ہے جن پر کسی مخصوص ملک میں داخلے پر پابندی ہے۔ یہ فہرستیں اکثر امیگریشن حکام کے ذریعہ بنائی جاتی ہیں اور ان کی دیکھ بھال کی جاتی ہے اور ان میں ایسے افراد کے نام ہوتے ہیں جنہیں سیکورٹی خطرہ سمجھا جا سکتا ہے، امیگریشن کی خلاف ورزیاں کی ہیں، یا دیگر وجوہات کی بنا پر ملک میں داخل ہونے کی اجازت نہیں ہے۔ امیگریشن کی بلیک لسٹ میں ہونے کا نتیجہ مختلف عوامل جیسے مجرمانہ سرگرمیاں، ویزا کی خلاف ورزیوں، یا قومی سلامتی کے خدشات سے ہو سکتا ہے۔ ممالک ان فہرستوں کو منظم اور کنٹرول کرنے کے لیے برقرار رکھتے ہیں کہ کس کو اپنی سرحدوں میں داخل ہونے کی اجازت ہے۔
Most of the time Government don't issue the Passport if someone is black listed in Pakistan.
So how you can remove your name from black list to come Pakistan and face your trial.
You will have to file a writ petition under section 199 of constitution with all facts
And will have to made parties all the relevant authorities
And provide all the documents support your version.
Latest Judgement of Lahore High Court discuss this topic and i did highlight all the important observation in the Judgement.
For more information call or Whatsapp 0092-324-4010279
Judgement of Lahore High court
Form No.HCJD/C-121
ORDER SHEET
LAHORE HIGH COURT LAHORE
JUDICIAL DEPARTMENT
Case No. W. P. No.33181 of 2023
Rukhsana Bibi
Vs. Federation of Pakistan, etc.
S.No. of order/
proceedings
Date of order/
Proceeding
Order with signature of Judge, and that of parties of
counsel, where necessary
23.05.2023 Mian Shahid Mehmood, Advocate for the
petitioner.
Mr. Muhammad Mansoor Ali Sial, Assistant
Attorney General for Pakistan.
Mian Shafiq Ahmed, Advocate for the
complainant.
The petitioner has invoked the constitutional
jurisdiction of this Court for issuance of a direction
to respondents No.2 and 3 to remove her
husband’s name from the blacklist so that he may
be able to renew his passport and return to Pakistan
to face trial in the criminal case registered against
him.
2.
The petitioner is wife of Shahid Mahmood
against whom a case FIR No.347 dated 11.06.2018
under section 22 of Emigration Ordinance, 1979 at
Police Station FIA, Faisalabad was registered for
having received an amount of Rs.7,960,438/- and
five passports for sending the complainant, his two
relatives and two friends to Canada for
employment purpose but did not fulfill his
commitment. During pendency of trial of the said
criminal case, husband of the petitioner left
Pakistan and his name was placed in the blacklist,
hence, this petition.
3.
Learned counsel for the petitioner contends
that period of passport of the petitioner’s husband
has expired on 11.10.2021 and he is in urgent need
of renewal of his passport. Maintains that the
W.P.No.33181 of 2023
petitioner’s husband wants to face trial in the case
registered against him and in case his name is not
removed from the blacklist he will suffer an
irreparable loss. Further contends that the
Constitution of the Islamic Republic of Pakistan,
1973 guarantees protection of life, liberty and
fundamental rights of every citizen but the same
have been denied to the petitioner’s husband.
4.
Conversely, learned Law Officer as well as
learned counsel for the complainant contends that
name of the petitioner’s husband has rightly been
placed in the blacklist as he is fugitive from law.
Further contends that there is an apprehension that
after removal of his name and renewal of passport
the petitioner’s husband would again proceed
abroad.
5.
Heard. Record perused.
6.
The name of petitioner’s husband has been
placed in the blacklist for having been involved in
a criminal case under section 22 of Emigration
Ordinance, 1979. Clause 51 of the Passport &
Visa Manual, 2006 provides procedure for
blacklisting, which is reproduced hereunder: -
“51. Procedure for blacklisting
(A)
If any Passport Issuing Authority finds
that a certain citizen of Pakistan is fit to
be blacklisted for passport facilities, it
would refer the matter to the Director
General, Immigration and Passports
giving such person‟s full particulars and
reasons for his blacklisting. The
Director General, Immigration and
Passports will obtain the orders of the
Ministry of Interior in the matter, where
necessary.
(B)
Federal Government is vested with
powers to regulate the departure from
Pakistan and visit abroad of its citizens
under the provisions of “Passport Act,
1974” and “The Exit from Pakistan
(Control) Ordinance, 1981.” In order to
W.P.No.33181 of 2023
check the exit of individuals from
Pakistan, Black List / Exit Control List
are maintained. The inclusion into and
deletion from Exit Control List is the sole
prerogative of the Ministry of interior.
Brief description of Black List categories
„A‟ & „B‟ is as under: -
(i)
Category ‘A’:
Under this
category the names of those
persons are placed who are
believed to be involved in anti
State activities or whose visit to
foreign countries is considered
to be prejudicial to the State
interest, or, whose visit abroad
is banned from security point of
view. The names in this list are
included or removed by the
Ministry of Interior.
(ii)
Category ‘B’: Under this
category the names of those
persons are placed who are
involved in the offences
punishable under section 6 of
the Passport Act 1974 or those
who were refused passport
under Para 21 of Passport &
Visa Manual. The names of
persons are also included in
this
list on the
recommendations of
government agencies /
departments as well as those
who are deported / repatriated
from abroad. Director
General, Immigration and
Passports is competent to place
and remove names in this list.
(C)
Normal period of retaining a person on
the blacklist is five years. However, a
person can be kept on blacklist even
beyond five years provided the referring
department recommends for further
retention having full justification in this
regard. The competent authority viz
Additional Secretary, Ministry of Interior
in case of category „A‟ and Director
General, Immigration and Passports in
case of category „B‟ may consider
deletion of any person from such list on
his appeal even before the normal period
of five years. Both the blacklist
categories „A‟ & „B‟ are subject to
periodical review in consultation with
the relevant agency / department on
W.P.No.33181 of 2023
whose instance the individual was
blacklisted.
(D)
The above lists reviewed periodically by
the Review Committees category „A‟ &
„B‟.”
The perusal of above provisions of law clearly
manifests that the same can only be invoked if any
citizen of Pakistan wants to leave the country but
this is not the case in the matter in hand where the
petitioner’s husband is desirous of entering
Pakistan.
Additionally, the aforementioned
authority is subject to certain conditions and
proceedings which have not been pleaded to have
been satisfied in this case. Even otherwise, it is
quite astonishing that on one hand name of the
petitioner’s husband has been placed in the
blacklist due to his involvement in a criminal case
who left Pakistan to avoid trial in the said case
whereas on the other hand his entry in Pakistan has
been refused.
7.
Article 4 of the Constitution of the Islamic
Republic of Pakistan, 1973 guarantees that it is
inalienable right of every citizen to enjoy the
protection of law and to be treated in accordance
with law whereas Article 9 ibid assures that no
person be deprived of life or liberty except in
accordance with law and Article 15 ibid gives
every citizen the right to remain in, enter and move
freely throughout Pakistan and to reside and settle
in any part thereof subject to any reasonable
restriction imposed by law in the public interest.
8.
There is no cavil with the proposition that
being a fugitive from law, the accused loses some
of his rights such as right to audience as well as
right to have an Advocate to defend him, as held in
the case of Hayat Bakhsh and others vs. The State
W.P.No.33181 of 2023
(PLD 1981 Supreme Court 265). However, loss
of such rights is till such time the accused
surrenders himself before the Court, as held in the
case of “Lahore High Court Bar Association and
others vs. General (Retd.) Pervez Musharraf and
others (2019 SCMR 1029). The right to return to
the homeland to surrender before the Court or the
concerned law enforcement agency to face
proceedings in accordance with law is something a
citizen is not deprived of owing to his
abscondance. Reliance in this regard is placed on
the case of Pakistan Muslim League (N) through
Khawaja Muhammad Asif, M.N.A. and others vs.
Federation of Pakistan through Secretary Ministry
of Interior and others (PLD 2007 Supreme Court
642).
9.
In the circumstances mentioned above, name
of petitioner’s husband has wrongly been placed in
the blacklist, which is accordingly ordered to be
removed. However, since the petitioner’s husband
is involved in a criminal case for allegedly having
fraudulently received a huge amount for sending
the complainant and others abroad, therefore, he
has to face trial in the same. This issue seeks
resolution from Clause 33 of the Passport and Visa
Manual 2006, which is reproduced hereunder for
ready reference:-
“33.
Emergency Passport for repatriation
from abroad.
(1)
Single sheet emergency passports
valid only for return to Pakistan, withholding
the passport of such persons, may be issued by
Pakistan Missions abroad to:-
(a)
Undesirable Pakistan
nationals residing abroad,
such as forgers/racketeers in
W.P.No.33181 of 2023
passports, smugglers, and
human traffickers etc.
(b)
Persons who fall destitute
abroad.
(c)
Persons to be deported by
foreign governments.
An emergency passport is meant only
to enable its holder to return to
Pakistan. In no circumstances should
it be endorsed for any other country.
(2)
In cases where verification of
Pakistan nationality is necessary before the
repatriation of the above mentioned
individuals, references for this purpose should
be made by the concerned Pakistan Mission
abroad direct to the District Police Officer of
the districts in Pakistan, to which they belong
and copies of such references should be
endorsed to the Ministry of Interior, the
Director General, Immigration and Passports
and the concerned Provincial Government.
The District Police Officer will similarly send
verification reports direct to the referring
missions endorsing copies of the same to the
above mentioned authorities. The District
Police Officer will, however, refer doubtful
cases to the Director General, Immigration
and Passports, under intimation to all
concerned for decision. The latter will take a
decision in the matter where necessary in
consultation with the Ministry of Interior and
convey it to the missions concerned, under
intimation to the Ministry of Interior, the
Provincial Government and the District Police
Officer concerned.
(3)
………….
(4)
………….
(5)
………….
(6)
………….
(7)
………….”
10. For the foregoing reasons, respondents are
directed to issue single sheet emergency passport
to the petitioner’s husband for fifteen days only
under Clause 33 of Passport and Visa Manual 2006
so that he may be able to return to Pakistan and
face trial in the criminal case registered against
W.P.No.33181 of 2023
him. With this arrangement, this writ petition
stands disposed of.
(RAHEEL KAMRAN)
JUDGE
APPROVED FOR REPORTING
JUDGE
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