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Asylum Law in India, including Kolkata, is largely aligned with international standards and governed by the conventions on refugees set by the United Nations (UN). India, however, is not a signatory to the 1951 Refugee convention or the 1967 protocol, thus resulting in the lack of a formally codified law addressing refugee and asylum issues. Decisions regarding asylum requests are made based on individual assessment by the Foreigners Division of the Ministry of Home Affairs in New Delhi.
Even though India follows UN conventions for asylum, the lack of a formal statutory framework can make the process incredibly complex. If you're seeking asylum, you may face various situations including legal procedures to register as a refugee, dealing with possible arrest or detention due to unlawful entry, dealing with deportation orders, or negotiating legal documents in English, which may be challenging if not your first language. A lawyer specializing in asylum law can help navigate these complexities, represent your case effectively and ensure your rights are protected.
With no specific refugee law, asylum seekers in Kolkata are subject to the provisions of the Foreigners Act 1946, the Passport (Entry Into India) Act 1920, and the Registration of Foreigners Act 1939. This often grants the Indian government broad discretionary powers in dealing with foreign nationals. The Constitution of India, which guarantees certain rights to "all people" in the territory of India, forms the legal basis for the protection of refugees and asylum seekers.
An asylum seeker is someone who has sought international protection and whose claim for refugee status has not yet been determined. This decision falls under the discretion of the Foreigners Division of the Ministry of Home Affairs.
This can vary significantly based on individual cases. While the Indian Government attempts to process requests in a timely manner, lack of formal guidelines can lead to unpredictability.
The Indian government has discretion to grant work permits to recognized refugees. However, this does not apply automatically to asylum seekers.
They generally have access to basic social services, protection from forcible return, access to UNHCR and freedom of movement within the country. The specifics may differ in each case.
If an asylum application is rejected, the applicant can appeal the decision. It is advisable to seek the help of a lawyer specializing in asylum law in such situations.
The office of the United Nations High Commissioner for Refugees (UNHCR) in New Delhi, local NGOs like the Human Rights Law Network (HRLN), and the Calcutta Research Group are excellent resources for asylum seekers in Kolkata. These organizations can offer valuable information, assistance, and support.
If you need legal assistance, consider seeking the help of a lawyer specializing in asylum law. They can guide you effectively through the application process. If you are facing any immediate threat, contact local law enforcement or organizations like HRLN or UNHCR for urgent support.
