Visa overstay deportation not valid basis for travel ban: IHC

ISLAMABAD: The Islamabad High Court (IHC) has ruled that a citizen’s deportation from a foreign country on account of visa overstay is not, by itself, a lawful basis for placing their name on the Passport Control List (PCL).

In a detailed four-page judgement, Justice Muhammad Asif ordered the authorities to remove the petitioner’s name from the PCL immediately. The court held that deportation for overstaying a visa does not amount to sufficient grounds for curbing a person’s ability to travel abroad.

The judgement stated that restrictions on overseas travel must be backed by a criminal case, a security-related concern, or clear and unquestionable evidence. It said that preventing a citizen from travelling or seeking employment abroad without any criminal basis runs contrary to constitutional protections.

The court referred to Articles 4, 9, 10-A, 15, 18 and 25 of the Constitution, observing that placing an individual on the PCL without lawful justification infringes fundamental rights guaranteed under the law.

Government stance rejected

According to the ruling, the federal government had argued that the petitioner was deported from a Gulf country after overstaying a visa, and that the name was entered on the PCL under a policy aimed at protecting the visas of other Pakistani citizens and safeguarding the country’s reputation.

The IHC, however, rejected that position and held that policy considerations cannot supersede constitutional safeguards where no lawful grounds exist for imposing such a restriction. It concluded that the action taken against the petitioner was inconsistent with legal requirements.

PCL framework and recent court direction

In Pakistan, the PCL — previously known as the Black List — is used to monitor and, where necessary, restrict the travel of individuals on legal or security grounds. The list is maintained by the Directorate General of Immigration and Passports.

The ruling comes days after the Lahore High Court (LHC) laid down fresh guidelines limiting the Federal Investigation Agency’s power to offload passengers from outbound travel without valid legal justification. In that case, the LHC ruled that citizens carrying valid visas, tickets and travel documents cannot be stopped merely on the basis of vague suspicions or apprehensions.