Persons excluded from Final NRC can appeal to Foreigners Tribunal

June 7: As per an order uploaded on the website of the Ministry of Home Affairs (MHA) on June 6 night, a person whose name is not part of the National Register of Citizens (NRC), currently being updated in Assam, can approach any such tribunal with a certified copy of the rejection order received from the NRC authorities along with the grounds for appeal. The central government has issued this order exercising its powers conferred by the Foreigners Act, 1946.

According to the latest MHA order, the appellant may appear either in person or through a legal practitioner or a relation authorised by the appellant in writing subject to the acceptance of such representation by the tribunal. The state government may appoint a pleader to represent the district magistrate (DM) or the deputy commissioner (DC).

The MHA has also amended the Foreigners (Tribunal) Order to allow tribunals to decide within 120 days from submission of complete NRC records on the appellant if the person is a foreigner or not. Persons against whom a reference has already been made by the competent authority to any foreigners tribunal shall not be eligible to file the appeal before the tribunal. If any foreigners tribunal has already given opinion about a person earlier as a foreigner, such person shall not be eligible to file an appeal to any tribunal.

The Centre is also going to help the Assam government in setting up 1,000 foreigners tribunals by July 31. The central government is also in the process of giving its approval to the state government’s proposal to set up e-Foreigners Tribunals for those declared illegal immigrants.

Before the publication of the final updated NRC on July 31^st, 2019, the NRC authorities will publish an additional draft list on June 15^th, 2019. The Supreme Court also made it clear that it will not extend the July 31^st, 2019 deadline for finalisation of the NRC in Assam.