The Balochistan High Court (BHC) on Tuesday dismissed a petition filed by Afghan nationals seeking permission to continue their medical education in Pakistan. The court ruled that foreign citizens do not possess a permanent right to reside in the country or pursue education contrary to state policies.

A division bench, consisting of Justice Muhammad Amir Nawaz Rana and Justice Abdul Qayyum Lehari, emphasized that decisions related to the return of foreign nationals and matters of national security fall under the jurisdiction of the state and government, limiting judicial interference in such policy matters.

However, the court underscored that Afghan nationals must be treated with dignity, fairness, and in accordance with legal standards. It clarified that humanitarian concerns alone do not establish a permanent legal entitlement to remain in Pakistan or continue education. The affected individuals were advised to seek assistance from the Afghan embassy for any grievances requiring resolution.

Meanwhile, in a related development last week in Punjab, the Lahore High Court temporarily prohibited medical colleges from expelling Afghan students or invalidating their examination results. On September 11, Justice Khalid Ishaq issued this order while hearing petitions from over 30 Afghan medical students contesting their expulsion from Pakistani institutions.

The Pakistan Medical and Dental Council (PMDC) informed the court that these students lacked valid visas. Justice Ishaq questioned how the students were admitted and issued education visas if their legal status was now being challenged, expressing concern over the wasted years of their education.

The PMDC explained that its directive followed government orders. The judge criticized the lack of an opportunity for the students to be heard before the enforcement of the decision. The council’s lawyer argued that international principles prevent foreign nationals from staying without valid visas, while citing state security concerns. The judge dismissed the security argument, stating no such issue was evident in these cases.

The court ordered that no medical college in Punjab should expel Afghan students or cancel their exam papers, adjourning further proceedings until September 18.

Earlier, on September 9, the PMDC directed medical colleges to facilitate the return of Afghan medical and dental students to Afghanistan. It instructed institutions to complete administrative formalities and obtain no-objection certificates. Additionally, Afghan nationals were barred from admission, transfer, or migration to medical and dental programs during the current academic year.

The PMDC also mandated compliance with previous directives and gave colleges three days to submit compliance reports. It warned that non-compliance or unauthorized facilitation could result in action under the PMDC Act 2022. The council’s September 1 letter reiterated instructions initially issued on July 31.

This policy has faced criticism from civil society and rights organizations, particularly regarding its impact on Afghan women pursuing medical education in Pakistan. Former Pakistani ambassador Mansoor Ahmad Khan appealed to the PMDC to reconsider the decision on humanitarian grounds and in light of the close ties between the peoples of both countries.

Amnesty International South Asia condemned the policy as discriminatory and arbitrary, highlighting the severe consequences for female Afghan students. Many Afghan women have already been denied access to higher education under Taliban restrictions, and those forced to return after years of study may struggle to continue their education elsewhere.

Amnesty urged Pakistani authorities to seek a humanitarian and practical solution allowing Afghan students, especially women and girls, to complete their education. Lawyer Moniza Kakar also denounced the directive as harsh and unjust, warning it could shatter the dreams of female medical students and calling for its withdrawal.

Pakistan launched a nationwide campaign in November 2023 to repatriate undocumented foreign nationals, focusing heavily on Afghans without valid visas or legal documents. The government maintains that Afghans with proper documentation may remain, while those lacking it must leave. This policy aims to address illegal immigration and security concerns, including allegations of militants using Afghan territory to launch attacks in Pakistan, which Kabul denies.

Since the repatriation drive began, over two million Afghans have returned from Pakistan, with returns continuing into 2026. The policy has raised alarm from the United Nations and human rights groups over arrests, deportations, and the risk posed to vulnerable Afghans facing protection issues upon return.

Tensions between Pakistan and Afghanistan have escalated over security and border disputes, further complicating the situation for Afghan nationals seeking education and residence in Pakistan.