Pakistan’s Judicial Engagement with International Refugee Law

ABSTRACT This article examines the case law at different tiers of Pakistan’s judiciary in order to map its engagement with international refugee law. Pakistan hosts one of the world’s largest refugee populations, with no national legislation dealing with refugees. Nor has it ratified the 1951 Convention relating to the Status of Refugees (Refugee Convention). Nevertheless, this article shows that Pakistan’s judicial engagement with the Refugee Convention has been meaningful and instructive. Rahil Azizi v The State is used to illustrate how domestic courts can utilize the principle of non-refoulement, as well as article 31 of the Refugee Convention, to deal with the situation of refugees unlawfully in the country of refuge. The judgment instructs the State that the application of existing domestic law for illegal foreigners or refugees should be nuanced and sensitive to their distinct vulnerabilities. Further, it is argued that, by creatively weaving together UNHCR–host State memoranda of understanding with constitutional and international law obligations, courts in non-signatory States can ensure stronger protection for refugees vis-à-vis ad hoc and regressive government policies.