Can a baby born in Pakistan to Afghan parents get Pakistani citizenship? This question creates uncertainty for many Afghan families living in Pakistan.
Pakistani law provides a broad rule for citizenship by birth. However, administrative verification can make registration difficult.
Therefore, parents should understand Pakistani citizenship by birth, relevant court decisions, and NADRA registration procedures. These matters help determine the legal options available for their children.
The Legal Basis Under the Pakistan Citizenship Act
Section 4 and Citizenship by Birth
Section 4 of the Pakistan Citizenship Act, 1951 provides the main rule for citizenship by birth. The provision follows the principle of jus soli. This means citizenship based on birthplace.
Generally, a person born in Pakistan after the Act commenced is a citizen by birth. However, the law specifies two exceptions.
The Two Statutory Exceptions
The first exception concerns a child whose father has specified diplomatic immunity. The father must also not be a Pakistani citizen.
The second concerns the child of an enemy alien. The birth must occur in territory then occupied by the enemy.
Children Born to Afghan Parents
Section 4 does not expressly exclude children merely because their parents are Afghan nationals. Likewise, foreign parentage alone is not one of its two exceptions.
Therefore, a child born in Pakistan may have a statutory claim to citizenship by birth. However, the child’s birthplace and other relevant facts must be established.
Citizenship claims also require consideration of other applicable provisions. Consequently, each case needs an individual legal assessment.
Judicial Precedents and High Court Orders
High Court Interpretation of Section 4
Pakistani courts have examined citizenship claims involving persons born to foreign parents. Their decisions help explain the operation of Section 4.
In W.P. No. 3748/2019, the Islamabad High Court examined citizenship by birth. The judgment discussed the broad wording of Section 4 and its limited exceptions.
Administrative Policies and Statutory Rights
Government authorities must act within the powers granted by law. Administrative procedures cannot lawfully override statutory provisions.
However, NADRA may examine identity, nationality, and birthplace evidence. An applicant must satisfy lawful verification requirements.
Relief Available Through the High Court
An applicant may challenge an allegedly unlawful refusal before the competent High Court. Article 199 of the Constitution provides a possible legal remedy.
Depending on the case, the court may direct an authority to reconsider or decide an application lawfully. Other relief may also be available.
Nevertheless, a previous judgment does not guarantee the same outcome for every applicant. The court considers the facts, evidence, and applicable law.
NADRA Policies and Practical Challenges
Difficulty Registering Children of Afghan Parents
Many Afghan families experience difficulties during identity registration. These problems often involve parental records and citizenship verification.
Standard NADRA procedures commonly rely on parental CNIC details. Therefore, applications can become complicated when neither parent holds a Pakistani CNIC.
PoR and ACC Documentation
Some Afghan parents possess previous Proof of Registration (PoR) or Afghan Citizen Cards (ACC). These documents may help establish identity or registration history.
However, they do not automatically establish Pakistani citizenship. They also should not be treated as current residence authorization without checking their legal status.
Birth Certificate and Form-B
A local birth certificate records the child’s birth details. The competent local government registration authority issues it.
In contrast, Form-B, also called the Child Registration Certificate (CRC), is issued through NADRA. It involves a separate identity registration process.
Therefore, obtaining a birth certificate does not automatically result in the issuance of Form-B. Both documents have different purposes.
Administrative Objections and Refusals
NADRA may seek additional documents when identity or citizenship remains disputed. Differences in names or birth details may also cause delays.
Where an application is refused, parents should seek the stated reasons. They can then examine the available administrative and legal remedies.
Legal Pathways to Secure Recognition
Parents seeking recognition of a child’s citizenship should follow a structured process. Authentic documents and consistent personal information are essential.
Step 1: Obtain Official Hospital Birth Records
Obtain a birth notification from the hospital or medical facility. The document should identify the child and relevant birth details.
Where the birth occurred at home, other accepted evidence may be required. The requirements depend on the competent registration authority.
Step 2: Register the Birth Locally
Approach the relevant local birth registration office. This may be a Union Council, Village Council, or Neighbourhood Council.
Submit the prescribed documents and request an official birth certificate. The authority may require additional verification in certain cases.
Step 3: Prepare Identity and Family Records
Collect the parents’ available identity documents and family records. These may include passports, Tazkiras, or previous registration cards.
Educational records and other reliable evidence may also help. Ensure that names and dates are accurate across all documents.
Step 4: Apply Through NADRA
Approach the appropriate NADRA registration centre. Submit the application with the available supporting evidence.
If officials raise an objection, request clarification of the issue. Preserve receipts, notices, and official correspondence.
Step 5: Seek Legal Representation
If NADRA refuses registration, consult a constitutional lawyer. The lawyer can examine the evidence and legal grounds.
Where appropriate, the applicant may file a writ petition under Article 199. The petition should identify the challenged decision and the requested relief.
Step 6: Obtain an Appropriate Judicial Direction
The High Court may examine whether the authority acted lawfully. It may also consider the applicant’s claim under Section 4.
Where justified, the court may direct further processing or a lawful decision. However, judicial relief is not automatic.
Important Legal Distinction
Birth in Pakistan, proof of birth, citizenship recognition, and NADRA registration are related but separate matters.
A birth certificate provides important evidence of birthplace. However, it does not independently resolve every citizenship dispute.
Ultimately, a baby born in Pakistan to Afghan parents may have a claim under Section 4. The outcome depends on the applicable law and evidence.
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