Visa overstay alone no grounds for travel ban, Islamabad High Court rules

The Islamabad High Court has ruled that a Pakistani citizen cannot be placed on the Passport Control List (PCL) solely for being deported from another country after overstaying a visa, calling the move a violation of constitutional rights.

Justice Muhammad Asif issued the detailed four-page judgment in a case involving a citizen who was deported from a Gulf country and later barred from travelling abroad under a government policy.

During proceedings, the federal government argued that the policy was intended to protect the visas of other Pakistani citizens and preserve the country’s reputation overseas. Officials maintained that the petitioner’s name had been added to the Passport Control List in line with that policy.

The court, however, found that immigration violations such as visa overstay do not automatically justify restrictions on a citizen’s freedom of movement. The judgment held that travel bans must be supported by clear legal grounds, such as criminal conduct, security concerns or other evidence recognised by law.

Justice Asif observed that administrative policies cannot override constitutional protections and ruled that the petitioner’s inclusion on the list violated fundamental rights, including freedom of movement, due process and the right to seek lawful employment.

The court subsequently ordered the removal of the citizen’s name from the Passport Control List.

The ruling could have wider implications for Pakistanis who have previously been deported from foreign countries over immigration-related violations. In particular, it may affect overseas workers in Gulf countries by establishing that deportation for visa overstay cannot automatically be treated as grounds for restricting future travel. The court’s decision draws a distinction between an immigration violation and conduct that raises criminal or security concerns, requiring authorities to demonstrate separate legal grounds before imposing a travel ban.