December 27, 2025
By Danial Aziz
PESHAWAR
The ongoing policy and government actions regarding the repatriation of Afghan refugees from Pakistan have created ripples that extend far beyond border areas, reaching into the halls of justice across the country.
While the government pursues its strategy to return undocumented Afghan citizens, thousands are turning to the Peshawar High Court, seeking protection of their legal and human rights in what has become one of the most contentious humanitarian issues facing the nation.
The desperation in these courtrooms tells a story of families caught between two worlds—unable to return to a homeland they barely know, yet struggling to secure their future in the only country many have ever called home.
“Afghanistan has become a foreign country to us”
Ajmal Khan, a resident of Nowshera, sits in a modest room, his voice carrying the weight of uncertainty and helplessness. His story is one among thousands, yet it captures the essence of a crisis that affects entire communities.
“My name is Ajmal, and I live in Nowshera,” he begins, his words measured but urgent. “In Afghanistan, we have no land, no house, and no property whatsoever. There are enmities there, and the situation is such that people are afraid to go. Our forefathers came to Pakistan decades ago. Afghanistan has become a foreign country to us.”
For Ajmal Khan and his family, Pakistan is not a temporary refuge—it is home. The thought of being forced to relocate to Afghanistan feels like being exiled to an unknown land. He explains that strict laws have been implemented in Afghanistan, including bans on women’s education, making a return unthinkable for families like his.
“Pakistan is our home and our homeland. We want to stay here. The government should soften its policy,” he pleads. “There is no shelter or support in Afghanistan, so how can we go there?”
Determined to secure legal residency in Pakistan, Ajmal Khan has filed a formal petition in the Peshawar High Court, joining a growing wave of Afghan citizens seeking judicial intervention.
Courts flooded with petitions
Since the government announced its refugee repatriation policy, the Peshawar High Court has witnessed an unprecedented surge in petitions from Afghan nationals. Thousands are seeking legal protection, their cases built on foundations of long-term residency, family ties, and the basic human right to safety.
The petitioners present compelling arguments:
– Decades of residency: Many have lived in Pakistan for 30, 40, or even 50 years
– Pakistani family connections: Numerous individuals have married Pakistani citizens
– Children born in Pakistan: Entire generations have known no other home
– No viable return: Afghanistan offers them no property, employment, or security
These families argue that on both humanitarian and legal grounds, they deserve the right to remain in Pakistan. Their petitions paint a picture of people who have built lives, raised children, and contributed to Pakistani society for generations—only to find themselves classified as “illegal” and facing deportation.
The courtrooms have become theaters of human drama, where families present decades of documentation, marriage certificates, birth records, and testimonies in hopes of securing their future.
The right to POC cards
Saifullah Mohib Kaka Khel, advocate for Ajmal Khan, argues that his client’s case is legally sound and represents a broader category of Afghan nationals who deserve protection under Pakistani law.
“Ajmal Khan’s wife is a Pakistani citizen, and his case is also strengthened based on his place of birth,” the lawyer explains. “The Peshawar High Court has decided in favor of Ajmal Khan and issued orders to grant him a Pakistan Origin Card (POC).”
The POC card, which grants special status to individuals of Pakistani origin, has become a crucial legal instrument in these cases. Kaka Khel elaborates on the eligibility criteria that many Afghan families meet.
“If someone’s children or grandchildren are Pakistani, they too can receive a POC card. Afghan citizens who came to Pakistan before 1979 and have acceptable records are entitled to stay in Pakistan,” he states.
The lawyer describes the daily reality he witnesses: “Every day, dozens of such families approach the courts—people whose everything is in Pakistan and who have nothing in Afghanistan. For those whose rights are established, we continue the legal struggle.”
These cases often hinge on documentation that proves longstanding ties to Pakistan—evidence that many families have carefully preserved over decades, knowing it might one day determine their fate.
POC cards are only issued after meeting rules and regulations: NADRA
On the other side of this legal battle stands the National Database and Registration Authority (NADRA), the government body responsible for issuing identification documents. Their position is clear: only those who meet strict legal criteria can be accommodated.
Shahid Imran Gigyani, NADRA’s legal officer, outlines the organization’s stance: “Individuals who have passports may be eligible for POC cards. POC cards are only issued after meeting NADRA’s rules and regulations. It is not possible to grant permanent residency to those residing illegally.”
The bureaucratic reality adds another layer of complexity to an already difficult situation. NADRA officials point out that a Peshawar High Court decision that had allowed POC cards without passports has since been suspended by the Supreme Court, leaving many cases in legal limbo.
This suspension has created a bottleneck, where families who had been granted relief by lower courts now find themselves waiting indefinitely as their cases remain unresolved. The legal uncertainty has left thousands in a state of anxiety, unable to plan for their futures or make basic life decisions.
Repatriation operations continue in Khyber Pukhtunkhwa
Beyond the courtrooms, on-the-ground enforcement continues across Khyber Pukhtunkhwa province. Police conduct operations in various areas to identify and repatriate undocumented Afghan nationals, though the provincial government has not officially welcomed the federal repatriation policy.
The approach has been described by observers as inconsistent—vigorous enforcement in some areas, while other regions see minimal activity. This patchwork implementation has created confusion and fear within Afghan communities, where families never know when authorities might arrive at their doors.
The numbers tell a stark story of displacement. According to international organizations and official reports, more than 1.088 million Afghan citizens have returned to Afghanistan from Pakistan from the first phase through June 2025. During just the January to May 2025 period, 274,300 Afghan citizens returned, with approximately 45,400 individuals repatriated through police operations.
These statistics represent not just numbers, but lives disrupted, families separated, and communities dismantled. Many who have returned report difficulties reintegrating into Afghan society, where they lack property, employment opportunities, and social networks.
The Afghan refugee situation in Pakistan represents a complex intersection of national security concerns, humanitarian obligations, and practical realities. Government officials argue that undocumented migration poses security risks and strains public resources. They point to the need for orderly immigration processes and respect for sovereignty.
However, critics contend that the current approach fails to distinguish between recent arrivals and long-term residents who have effectively integrated into Pakistani society. They argue that mass repatriation ignores the humanitarian principle of non-refoulement—the obligation not to return people to places where they face danger.
Legal experts note inconsistencies in how the policy is being applied. While some families with strong documentation and clear legal grounds for residency are being granted relief, others in seemingly similar situations face deportation. The lack of standardized criteria has led to accusations of arbitrary decision-making.
International human rights organizations have expressed concern about the conditions awaiting returnees in Afghanistan, where economic opportunities remain limited and security concerns persist. The United Nations High Commissioner for Refugees (UNHCR) has called for voluntary, safe, and dignified returns, warning against forced repatriation.