PESHAWAR: Peshawar High Court has temporarily stopped federal government from deporting a US national, married to a citizen of Pakistan, seeking issuance of Pakistani Origin Card (POC) to her.

A bench consisting of Justice Syed Mohammad Attique Shah and Justice Shakeel Ahmad issued notices to federal interior ministry, director general of immigration and passport, and National Database and Registration Authority regional office in Peshawar and sought their comments within a fortnight to a petition jointly filed by the couple.

The petitioners, including a resident of Khyber tribal district Hayatullah and his American spouse Ekaterini Theresa Deweese, whose Islamic name is Ms Khadija, have requested the high court to declare that the woman is entitled to grant of nationality of Pakistan on the basis of her marriage to a Pakistani.

They also requested the court to direct the respondents including the federal interior ministry to issue POC to her.

Bench seeks reply from interior ministry, Nadra, immigration DG on matter

They also sought interim relief, requesting the court to direct the government not to take any adverse action against the woman and not to deport her on pretext of expiry of her visit visa to Pakistan.

Advocate Shahid Raza Khan appeared for the petitioners and stated that Ms Khadija visited Pakistan on valid visa and had converted to Islam after which she married Hayatullah on July 13, 2021.

He said that their marriage was duly registered in the relevant union council as per the law.

He added that the woman was presently residing in Peshawar and for the sake of her smooth family life she applied for POC to the government.

However, he stated that her application was turned down on the sole ground that she was no longer having a valid visit visa of Pakistan.

He pointed out that before expiry of her visa, she applied for its extension but it was declined by the government due to lack of sufficient period in her passport expiry.

He said that for the same reason she renewed her passport and again applied for extension of her visa but the same was again refused and she was told to first make an exit from Pakistan and then apply again.

The counsel argued that as per Article 38 of the Constitution of Pakistan, it was responsibility of the state to protect the marriage, family, mother and the child.

He contended that under section 10 of Pakistan’s Citizenship Act, a foreigner was entitled to Pakistan’s citizenship if she was married to a Pakistani man.

He argued that any denial of the respondents to issue POC/nationality to the woman was against the law and fundamental rights provided in the Constitution.

Published in Dawn, May 5th, 2024