The Supreme Court of India recently expressed strong disapproval of the United Nations High Commissioner for Refugees (UNHCR) issuing Refugee Cards to immigrants residing in India, remarking that the agency seems to have “opened a showroom here” for distributing such certificates.

A Bench of Justices Surya Kant and Joymalya Bagchi made the observation while hearing a petition filed by Yousif Haroun Yagoub Mohamed, a man from Sudan who has been living in India since 2013. The petitioner claimed that his wife and two children — including a 40-day-old infant — have already been issued Refugee Cards by the UNHCR. He is currently seeking asylum in Australia and had approached the Supreme Court seeking interim protection from deportation or coercive action.

Senior Advocate S. Muralidhar, appearing for the petitioner, argued that individuals holding UNHCR-issued Refugee Cards occupy a distinct legal position and are treated differently by the Ministry of Home Affairs and the Foreigners’ Registration Office.

In response, Justice Surya Kant made a sharp remark:

“They (the UN agency) have opened a showroom here; they are issuing certificates to everyone. We don’t want to comment on them.”

Muralidhar, however, maintained that UNHCR cards are issued only after due verification, a process that can take a couple of years. He added, “There are documents and forms which show that they give some weightage to this Refugee status.”

At this juncture, Justice Joymalya Bagchi pointed out that India has not ratified the 1951 Refugee Convention or its 1967 Protocol, observing:

“Legal right in municipal law really is not there…”

Muralidhar acknowledged this but highlighted a recent surge in random detentions of Africans in Delhi. “In the last two months, Africans are being randomly picked up. This is the real apprehension and fear. We are awaiting asylum status from Australia, and suddenly we are told…,” he said.

Justice Bagchi then inquired why the petitioner had not yet left for Australia. Muralidhar responded that his client intends to move but requires interim protection until his asylum process concludes.

The Bench, however, was not inclined to grant interim relief. Justice Surya Kant remarked:

“We have to be very, very careful… lakhs and lakhs are sitting here… if somebody makes an effort to…”

Upon being informed that the National Human Rights Commission (NHRC) had taken cognizance of the petitioner’s case, the Court disposed of the petition, granting liberty to the petitioner to approach the NHRC for any further directions, including requests for protection from coercive action.

It is noteworthy that in May 2025, while hearing a case concerning the deportation and living conditions of Rohingya refugees, Justice Dipankar Datta had similarly observed that UNHCR cards do not confer enforceable legal rights in India.

Case Title: Yousif Haroun Yagoub Mohamed v. Union of India & Ors., W.P.(C) No. 931/2025