C.A. No. 005015 / 2019

SIMA ROY KAR @ SIMA GOON vs UNION OF INDIA MINISTRY OF HOME AFFAIRS
Status
DISPOSED
Judges
HON'BLE MS. JUSTICE INDIRA BANERJEE and HON'BLE MR. JUSTICE SANJIV KHANNA
Order Date
17-05-2019
Filed On
09-01-2018 02:15 PM
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casestatus.in Summary

Under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, a person once declared an illegal migrant or foreigner by a competent authority under the Foreigners Act is permanently ineligible for inclusion in the National Register of Citizens, and such a declaration operates as a conclusive determination of citizenship status. The Foreigners Tribunal's opinion, though styled as an executive order, constitutes a binding determination by the "competent authority" under sub-para (2) to paragraph 3 of the Schedule, precluding any fresh adjudication through the appellate mechanism under paragraph 8. This analysis, available on casestatus.in, further affirms that the Foreigners Act and Citizenship Act must be read harmoniously as complementary enactments.

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