Summary
The Court set aside the declaration that the appellant was a foreigner after examining the documentary chain of family identity. A variation between Kefatullah and Kematullah in his grandfather’s name did not defeat identity where the ancestor’s name and associated family details remained consistent. The father’s later move to a different village likewise supplied no basis for rejecting the documents. The appellant was directed to be released immediately.
Issues
- Whether the grandfather’s spelling variation and the father’s later change of village undermined the appellant’s documentary proof of identity.
Held
- The documentary record included electoral lists, the grandfather’s NRC registration details and later identification materials. The great-grandfather’s and father’s names remained consistent, as did the associated family details. (¶ 3)
- The isolated variation between Kefatullah and Kematullah did not justify treating them as different persons on this record. The appellant had successfully established the relevant family identities, and a later move to another village did not undermine that proof. (¶ 4)
- Both the High Court judgment and Foreigners’ Tribunal declaration were set aside, entitling the appellant to immediate release. (¶¶ 5, 6)
Result
Appeal allowed; High Court and Foreigners’ Tribunal judgments set aside and appellant directed to be set free at once.