IHC asks govt to settle Afghan students’ stay issue in 30 days

The Islamabad High Court (IHC) recently ruled on a petition filed by 87 Afghan students studying in Pakistan, requesting an extension of their study visas and a decision on their stay within 30 days. This decision was made in the case of Ms. Atta Reda and others vs the Federation of Pakistan and others, with Justice Khadim Hussain Soomro passing the order.

The petitioners, currently enrolled in undergraduate and postgraduate degrees at recognized Pakistani educational institutions, had sought guidance from the Pakistani government to address their pending visa extension applications.

Counsel for the students argued that the prolonged visa pendency had caused significant academic disruption, limited access to banking services, and created issues related to their accommodation. They also referenced a formal communication from the Afghan embassy urging Pakistani authorities to expedite the processing of these applications.

Prior to this decision, on September 15, the court had questioned the maintainability of the petition, as Afghan nationals generally do not have the right to invoke the writ jurisdiction of the court. However, the petitioners' legal team contended that if the case were converted into a representation and forwarded to the Ministry of Interior, the students would be content with a decision within the specified timeframe.

On the other hand, Assistant Advocate General Sarfraz Rauf opposed the petition, asserting that the matter should not be decided by the court due to Pakistan's ongoing "war with Afghanistan." The court did not agree with this stance and instead chose to transfer the case, along with all supporting documents, to the Ministry of Interior, which would make the final decision within 30 days. The case was subsequently closed in accordance with these terms.