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. 24 14

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