The Centre filed the affidavit in response to a petition challenging the indefinite detention of persons declared foreigners in Assam despite there being no immediate prospect of their deportation.
New Delhi:The Centre has told the Supreme Court that a foreign national whose nationality remains unverified cannot be deported unless the person's home country confirms the nationality and agrees to accept them.
In an affidavit filed before the apex court, the Union home ministry said the deportation process cannot begin until the individual's nationality is verified and the required travel documents are issued by the country concerned.
"A foreign national whose nationality is unknown or unverified can be deported to their home country only upon confirmation of their nationality, possession of a valid travel document or acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification," the affidavit said.
The Centre filed the affidavit in response to a petition challenging the indefinite detention of persons declared foreigners in Assam despite there being no immediate prospect of their deportation.
The ministry said a foreign national may be deported by the concerned state, Union Territory or the Foreigners Regional Registration Office after completion of the sentence or court proceedings, provided no other criminal case is pending and the individual possesses a valid passport or travel document.
It added that the required travel document has to be obtained from the embassy or high commission of the country concerned through the nationality verification process before deportation can take place.
