UNHCR refugee status without valid travel documents is of no use: Centre tells HC

New Delhi [India], February 24 : The Central Government and Foreigners Regional Registration Office (FRRO) on Friday said in the Delhi High Court that UNHCR refugee status without valid travel documents is of no use in India. Any such foreign national is liable to be deported.
This fact was stated in a status report filed by the FRRO and the centre in a response to a plea moved by a Rohingya woman whose sister Shadiya Akhtar is detained at Rohingya detention centre "Seva Kendra".
As a sovereign State, India will always honour such obligations which are enforceable and are in the nature of binding obligations. However, India is not a signatory to the United Nations Convention of 1951 thereof; it does not
recognise refugee status granted by United Nations High Commissioner for Refugees (UNHCR).
In a status Report in the high court, it is stated that the conferment of "Refugee status" by UNHCR to a foreign national who is not having valid travel documents, is of no consequence in India meaning thereby the UNHCR refugee card does not become an alternative to Indian Visa and the foreign national would still be treated as an "illegal migrants".
The said illegal migrants are liable to be deported to their native country, the report said.
Pursuant to the direction issued by justice Prathiba M Singh a joint inspection report has also been filed.
The said joint inspection report stated that total 19 Bangladesh nationals (17 males and 02 females) and 22 Myanmar (Rohingya) National (12 males and 10 females) were found restricted at the centre. Four children have been allowed to live with their parents.
The report also said that there are arrangements for mattresses, blankets, bedsheets and pillows for the inmates.
It has been observed that most of the mattresses are old and are required to be changed, the report said. It is also stated that there is no RO or Geyser for hot water.
During the hearing justice Sudhir Kumar Jain pulled up the agencies for the poor quality of facilities being provided at the centre.
The report has stated that the Medical Records of Sadia Akhtar show that she has visit the
than 15 times since she has been restricted at the centre.
The bench directed the authorities to provide the entire medical records of Shaidya to her sister.
It is also said in the report that a mobile van from MCD dispensary also visit to provide treatment to inmates. Whenever there is a medical emergency, the inmate is taken to government hospital in the vehicle provided by the FRRO.
The matter has been listed on March 14 for further hearing.
The Delhi High court on February 9, ordered a joint inspection of 'Seva Kendra' in Northwest Delhi over the alleged lack of basic amenities. The court has directed the officials of Foreign Regional Registration Office (FRRO), Central Government and Delhi Urban Shelter Improvement Board (DUSIB) to conduct inspection.
The court had also asked to place the photographs of the centre on record. The photographs shall be produced in a sealed cover due to security reasons, the report said.
The court had directed to place on record the medical records of Shaidya Akhtar in view of the submissions of the petitioner's counsel.
The counsel had submitted that Shadiya Akhtar is not being provided proper medical care.
The petitioner's counsel Ujjaini Chatterjee had submitted before the court that Shadiya Khatoon, who is an UNHCR card holder, is not being provided basic amenities like access to warm water, bed, blanket, pillow, winter essentials and winter wear.
The Petitioner's sister has repeatedly complained to her about her deteriorating health, lack of hygienic and nutritional food, and inadequate access to sunlight in the detention centre. She has also informed the Petitioner that there is no warm water in the detention centre, the petition stated.
On the other hand it was submitted that apart from food the other facilities has to be provided by the DUSIB at the centre which is run by the MCD.
After considering the situation, the court directed the officials to conduct the joint inspection and file a report.
Additionally, the Petitioner's sister also complained to her about various other difficulties that she is facing in the detention centre. The Petitioner is very concerned about the well-being of her sister and such inhuman treatment of her sister which diminishes her basic human dignity and right to life in this
indefinite detention, the petition stated.
The petition has stated the Shadiya Akhtar is Rohingya woman escaped the brutal genocide in Myanmar against
the Rohingya community in 2016 and sought asylum to India.
After a rigorous process of "Refugee Status Determination", she was granted "Refugee Status" and was given a United Nations refugee identity card within 3 months, the petition stated.
It is also stated that Petitioner's sister lived in a refugee camp at Kanchan Kunj for one year and then in 2017, she moved to Shram Vihar, Madanpur Khadar, New Delhi, after her marriage.
She lived in the refugee camp at Shram Vihar with her infant son, who is now 3 years old, until 2020. She has no criminal antecedents or complaints against her, it added.
Since 2016, she has lived in India in accordance with the laws of the country and has complied with all requirements of the Respondents and the UNHCR, the plea said.