| Case ID |
0013ddd3-2e9a-4a38-8e09-ece2cc96a9cf |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2084 of 2015 |
| Decision Date |
Jun 24, 2015 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by the Roman Catholic Diocese of Islamabad/Rawalpindi, which sought to challenge the cancellation of visas for three foreign missionary workers. The court ruled that the issuance of visas is a privilege, not a right, and thus could not be enforced through a constitutional petition. The court found that the central government holds the authority to regulate the entry and stay of foreigners in Pakistan and that the petitioners lacked locus standi, as they were not the direct victims of the visa cancellation. The court declined to interfere in the matter, reinforcing the principle that visa regulations fall within the government's discretion. |
| Summary |
This case revolves around the cancellation of visas for three foreign missionary workers by the Ministry of Interior of Pakistan. The Roman Catholic Diocese of Islamabad/Rawalpindi filed a petition challenging this cancellation, asserting that it was done without justification. The court examined the legal framework surrounding the issuance and cancellation of visas under the Foreigners Act and the Constitution of Pakistan. It concluded that the visas were a concession rather than a right, meaning the petitioners could not claim enforceability through a constitutional petition. The ruling emphasized the government's authority to manage foreign entries and the necessity for the petitioners to demonstrate a direct grievance to establish standing. This case highlights the complexities of immigration law in Pakistan and the balance of state powers in regulating foreign presence within its territory. Key topics include visa regulations, constitutional rights, and the powers of the state versus individual claims, making it relevant for discussions on immigration, human rights, and administrative law. |
| Court |
Islamabad High Court
|
| Entities Involved |
Ministry of Interior,
Bishop,
Roman Catholic Diocese of Islamabad/Rawalpindi
|
| Judges |
AAMER FAROOQ, J
|
| Lawyers |
Rana Abid Nazir Khan
|
| Petitioners |
ROMAN CATHOLIC DIOCESE OF ISLAMABAD/RAWALPINDI through Bishop and another
|
| Respondents |
FEDERATION through Secretary Ministry of Interior, Islamabad and 6 others
|
| Citations |
2015 SLD 3145,
2015 MLD 1714
|
| Other Citations |
PLD 1969 SC 223,
PLD 1976 Lah. 834,
PLD 1974 Kar. 81,
PLD 1993 Kar. 234,
PLD 1988 SC 416,
Said Mohammad Khan v. Registration Officer, CID PLD 1962 West Pakistan Karachi 595,
Jean Charles Groosen v. The State of Pakistan PLD 1980 Pesh. 275,
Wang Lilly v. Ministry of Interior, Islamabad 1997 MLD 1594,
Mohammad Ali and another v. Government of Sindh 1986 CLC 1123,
Dr. Imran Khattak and another v. Ms. Sofia Waqar Khan, PSO to CJ and others 2014 SCMR 122,
Hafiz Hamdullah v. Saif Ullah and others PLD 2007 SC 52,
N.W.F.P. Public Service Commission and others v. Muhammad Arif and others 2011 SCMR 848
|
| Laws Involved |
Foreigners Act,
Security of Pakistan Act,
Constitution of Pakistan
|
| Sections |
3,
6(2),
199
|