areas, such as the Provinces and the Capital of the Federation, as
well as control their presence or continued stay within those areas.23
While all legislation is subject to constitutional limitations, including
adhering to fundamental rights of all persons, this understanding is
not adequately reflected or enforced in decision-making on various
provisions of the Foreigners Act. The broad powers of the executive
under the Act raise concerns of lack of oversight and issuance of
arbitrary orders that infringe upon the rights of foreigners, especially
vulnerable groups within, such as refugees and stateless persons.24
Determination of nationality
Section 8 of the Foreigners Act is a critical provision that addresses
the issue of determining an individual's nationality. It becomes
particularly relevant in cases where a foreigner holds citizenship in
more than one foreign country or when it is unclear which nationality
the foreigner belongs to. In such situations, the section provides that
the foreigner can be regarded as a national of the country with which
they appear to have the strongest connection. The provision implies
that even in cases where there is uncertainty about an individual's
citizenship, the relevant authorities must assign citizenship to that
individual (n. 9). Furthermore, Section 8(2) specifies that any decision
regarding nationality made under section 8(1) is considered final and
cannot be contested in any court.
The process of determining citizenship is of utmost importance and
requires clear guidelines and procedures to avoid any errors that
could have serious consequences for individuals. It is crucial to
inform individuals of the basis for decisions and ensure that
executive orders are based on transparent reasoning. However,
wide-ranging powers and the lack of precisely outlined standards of
evidence and procedural safeguards for citizenship determination
poses a risk of erroneous judgments and severe repercussions,
including arrest, detention and deportation, as witnessed in the case
23
Said Muhammad Khan v. State of Pakistan [1962] PLD 595 (Karachi).
W. Wade, J. Gosh and C. Forsyth. (2022). Wade & Forsyth’s administrative law.
Oxford University Press.
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