Allowed

Anthony Omondi Osino v. Foreign Regional Registration Officer and Ors.

Bombay HC5 Oct 2005WP/2033/2005

Case brief

AI extract

What is this about?

In a criminal writ petition, the Bombay High Court directed the United Nations High Commissioner for Refugees to dispose within one month of a pending appeal and restrained respondent authorities from deporting the petitioner during the stipulated period without adjudging merits.

What did the court decide?

Directed UNHCR to hear and dispose of the pending appeal within one month; restrained respondents from deporting the petitioner for one month and two weeks thereafter.

--------------------------------------------------------- Office notes, office : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders. : . --------------------------------------------------------- Mr. Mihir Desai for the petitioner. Mr. H.V. Mehta, Public Prosecutor for Union of India. Mr. Y.S. Shinde, A.P.P. for the State. CORAM: SMT. RANJANA DESAI & ANOOP V. MOHTA, JJ. DATED: 5TH OCTOBER, 2005. P.C.:- Heard the learned counsel for the parties. Our attention has been drawn by Mr. Mehta, the learned counsel appearing for the Union of India to a letter dated 3/2/2005 addressed by the United Nations High Commissioner for Refugees to the petitioner stating as follows:

appeal request, your appeal request will be considered by our Office, and, your case will be reviewed. You will receive a reply from the office notifying you with the decision related to your appeal request within 30 days of submission of your appeal request. Please note that decisions on appeal applications is primarily based on file review and that there is no automatic scheduling for appeal interview. You will be contacted for an appeal interview only if our office deems it a necessary requirement for your case review."

that the petitioner has, in fact, filed an appeal to the United Nations High Commissioner for Refugees. A copy of said appeal is annexed as Ex-E to the present petition. In the circumstances, in our opinion, the following order will meet the ends of justice.

The United Nations High Commissioner for Refugees is directed to hear and dispose of the appeal filed by the petitioner, which is pending before it, dated 20/2/2005 within a period of one month from the date of receipt of this order by it. For the said period of one month and two weeks thereafter, the respondents shall not deport the petitioner. This order is passed without going into the merits of the petition.

Anthony Omondi Osino v. Foreign Regional Registration Officer and Ors.

Case brief

What is this about?

What did the court decide?

Anthony Omondi Osino v. Foreign Regional Registration Officer and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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