Shafi, v. Union of India
Case brief
What is this about?
In a writ petition challenging an FRRO order to regularize overstay or exit for a minor child, the Court held that the issue of citizenship determination lies solely with the Union of India and not the FRRO.
What did the court decide?
Directed the 1st Respondent (Union of India) to consider the representation dated 01.01.2019 submitted by petitioners and pass appropriate orders after hearing both sides within 6 months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 08TH DAY OF FEBRUARY 2021/19TH MAGHA,1942
WP(C).No.266 OF 2019(G)
PETITIONERS:
1 SHAFI, AGED 48 YEARS, S/O.MOHAMMED MUSTAFA, VADAKKUMKARA HOUSE, CHEKKAKONAM P.O., KARAKULAM, THIRUVANANTHAPURAM.
2 SHAMI, AGED 36 YEARS, W/O.SHAFI, VADAKKUMKARA HOUSE, CHEKKAKONAM P.O., KARAKULAM, THIRUVANANTHAPURAM.
3 SHABANA, AGED 15 YEARS, MINOR REPRESENTED BY HER LAWFUL GUARDIAN SHAFI, THE 1ST PETITIONER HEREIN RESIDING AT VADAKKUMKARA HOUSE, CHEKKAKONAM P.O., KARAKULAM, THIRUVANANTHAPURAM.
BY ADVS. SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011)
RESPONDENTS:
Issues for consideration
2 issues framed by the court
Whether the High Court should set aside the FRRO order directing regularization or exit and instead direct the Central Government to determine citizenship.
Whether citizenship disputes should be resolved by the FRRO or the Competent Authority (Union of India/Government of India).
Parties & counsel
- petitioner
SHAFI
- petitioner
SHAMI
- petitioner
SHABANA
- respondent
UNION OF INDIA
- respondent
FOREIGNERS REGIONAL REGISTRATION OFFICER (FRRO)
- respondent
Case details
As recorded by the court registry
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