Mizzima
The Delhi High Court will continue hearing a petition seeking to allow Myanmar refugees in India to secure university admission without a passport requirement.
The petition was filed by Maung Henry Htoo Aung Linn, a Myanmar refugee, and his legal team. It challenges Delhi University’s mandatory passport requirement for foreign applicants as discriminatory.
“The outcome remains uncertain. The court has requested the Ministry of Home Affairs and the Ministry of External Affairs to verify if the applicant is a UNHCR-registered refugee or asylum seeker, and whether university admission can be granted without a passport. The court will proceed with the hearing after receiving these clarifications,” a Myanmar refugee residing in New Delhi told Mizzima.
He added that despite Delhi University’s strict admission criteria, some Myanmar refugees had previously been admitted without passports.
The applicant, Maung Henry Htoo Aung Linn, fled Myanmar in 2022. He completed his 10th standard in Mizoram and 12th standard (Science stream) in Meghalaya, India. He currently resides under the protection of the United Nations High Commissioner for Refugees (UNHCR).
During the July 10 hearing, his lawyers argued that treating refugees – who possess distinct legal and humanitarian status – equally with ordinary foreign nationals violates Articles 14 and 21 of the Indian Constitution.
During the proceedings, the judge questioned the university’s counsel, asking, “How can you expect a passport from a refugee?” and demanded a formal response from the university.
The court has scheduled the next hearing for 20 July, pending clarifications from the Ministry of Home Affairs and the Ministry of External Affairs regarding refugee status and university admission guidelines.
A Myanmar refugee who previously graduated from an Indian university using a refugee card noted that securing admission to Delhi University is highly competitive, even for Indian citizens.
Meanwhile, the Chin Students’ Union (CSU) is assisting Myanmar nationals in securing admissions to Indian universities and colleges, having signed Memorandums of Understanding (MoUs) with several institutions.
India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, nor does it have a specific national framework for refugees. Consequently, displaced persons entering the country are generally processed as foreign nationals under the Foreigners Act of 1946.
While the Indian government directly recognizes and assists Tibetan and Sri Lankan refugees, asylum seekers from Myanmar, Afghanistan, Somalia, and Iran must undergo UNHCR vetting to receive official refugee status.
