Appendix: Methodology of Data
I. Gauhati High Court Data
Sources:
The analysis of High Court orders is based on the data collected and provided by Daksh to the
research team. Daksh collected 1,536 final orders deciding writ petitions, challenging decisions of the
Foreigners Tribunals (FTs) in Assam, filed before the Gauhati High Court. The research team read
these orders and filtered out those not related to the FTs. After filtering, the research team retained
1,193 final orders, which included both ex-parte and contested cases.
Final Orders not related to challenges against Foreigners Tribunal Opinions were excluded, including:
●
Cases concerning convicted foreign nationals under Section 14 of the Foreigners Act;
●
Matters related to registration under the Passport (Entry Into India) Amendment Rules, 2015, and
the Foreigners (Amendment) Order, 2015;
●
Any Final Orders unrelated to writ petitions contesting the validity of Foreigners Tribunal
Opinions.
Time Period:
Data covers the period from 2010 to 2019. Precise scraping start dates are unavailable.
Data Availability Statement
The dataset is based entirely on publicly available data from the Gauhati High Court website.
While every effort has been made to ensure the accuracy and completeness of the dataset, some
limitations must be noted:
●
The exhaustiveness of the dataset cannot be confirmed, as it relies entirely on the documents
made available on the Court’s website.
●
If any Final Orders were missed by the scraper, DAKSH has no mechanism to detect or recover
those omissions.
●
Consequently, there may be data availability gaps that could affect the completeness of the
findings. DAKSH has acknowledged this limitation and notes that it is not possible to estimate the
margin of error, if any.
II. Qualitative Data
In addition to judicial analysis, this report draws on a qualitative dataset comprising:
●
20 case files from Foreigners Tribunal proceedings across different districts in Assam.
●
Nine in-depth interviews conducted with defence lawyers practising before the Foreigners
Tribunals.
The interviews were conducted remotely—via telephone or video conferencing—between August
2020 and August 2021. Prior to recording, informed consent was obtained from each participant.
Interviews were recorded either in full or in part, depending on the interviewee’s preference.
All interviews have been fully transcribed and are stored in a secure, access-controlled online folder,
accessible only to the authors of this report.
To protect the privacy and security of the participants, all names and identifying details have been
anonymised or removed.
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