Emphasising that deportation depends upon the cooperation of the foreign State, the Union said: “A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation.”
Published: August 1, 2026, 3:02 PM IST
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Nationality verification mandatory before deportation of foreign nationals, Govt tells Supreme Court
(File)
The Central government has told the Supreme Court that a foreign national cannot be deported unless their home country confirms that they are its citizen and agrees to take them backThe Centre made this submission in an affidavit filed by the Ministry of Home Affairs in a case related to the continued detention of people declared as foreigners in Assam, even when their deportation is not possibleAccording to the government, the deportation process cannot begin if a person’s nationality has not been verified.
It said that a foreign national can be sent back only after their country confirms their citizenship, issues the required travel documents, or formally agrees to accept them.
The Centre also informed the court that a state government, Union Territory administration or the Foreigners Regional Registration Office (FRRO) can deport a foreign national only after the person has completed their jail term or court proceedingsIn addition, the person should have no other criminal case pending and must possess valid travel documents or a passport.
The government added that the required travel documents must first be obtained from the embassy or high commission of the concerned country through the nationality verification processOnly after these formalities are completed can the deportation process move forward.
“It is necessary to obtain the requisite travel document from the Embassy/High Commission of the country concerned through the process of nationality verification before he/she can be deported,” the affidavit states.
Emphasising that deportation depends upon the cooperation of the foreign State, the Union said: “A foreign national whose nationality is unknown/unverified can be deported to their home country only upon confirmation of their nationality/possession of a valid travel document/acceptance by the home country concernedThe deportation procedure cannot be initiated without nationality verification.”
