all persons, including Afghan and other refugees (as well as stateless persons), to gain Pakistani citizenship if they were born in the country. However, despite the clarity of this provision, there exists inconsistency in how Pakistani courts have interpreted it. Different judgments of the high courts have contributed to confusion in the uniform understanding and application of this provision, especially in the context of refugees. Recent rulings of the Islamabad High Court, in the cases of Hafiz Hamdullah Saboor v. Government of Pakistan3 and Fazal Haq v. NADRA etc.4 clearly recognize that citizenship by birth automatically makes a person born in Pakistan a citizen, without the need to fulfill any prerequisites.5 This applies equally to children of Afghan and other refugees born in Pakistan. The Court stated that: Section 4… explicitly declares that every person born in Pakistan after commencement of the Citizenship Act shall be a citizen by birth. The scope of the exceptions is limited and restricted to only two clearly described eventualities [in proviso (a) and (b). Birth creates a right to become a citizen of Pakistan by operation of law. The legislature has used the expression 'shall' and thus birth in Pakistan is the sole ground to become a citizen. … The status of such a person as a citizen is not subject to discretionary powers vested in the State as in the case of other categories e.g. citizenship by migration, naturalization etc…6 [I]t is not a privilege granted by the State but a right acquired by law. The onus is on the State to establish that, despite having been born 3 Hafiz Hamdullah Saboor v. Government of Pakistan WP 3748/2019 [2021] (Islamabad). 4 Fazal Haq v. NADRA etc. Order of 2022 WP 1254 of 2022 (Islamabad). 5 Hafiz Hamdullah Saboor v. Government of Pakistan WP 3748/2019 [2021] (Islamabad) para 12. 6 Ibid, para. 8. 4