Section 8 of The Illegal Migrants (Determination by Tribunals) Act, 1983
- (1)If any question arises as to whether any person is or is not an illegal migrant, the Central Government may, whether such question has arisen on a representation made by such person against any order under the Foreigners Act, 1946 (31 of 1946) requiring him not to remain in India or to any other effect or has arisen in any other manner whatsoever, refer such question to a Tribunal for decision.
- (2)1 *** any person may make an application to the Tribunal, for its decision, as to whether the person whose name and other particulars are given in the application, is or is not an illegal migrant: 2 [Provided that no such application shall be entertained by the Tribunal unless the person in relation to whom the application is made is found, or resides, within the jurisdiction of the same police station wherein the applicant has the place of residence.]
- (3)Every application made under sub-section (2) shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than 3 [two persons residing within the jurisdiction of the same police station] in which the person referred to in the application is found, or residing, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than 4 [ten] and not more than one hundred, rupees, as may be prescribed. 5 [(4) Every reference under sub-section (1) shall be made to the Tribunal within the territorial limits of whose jurisdiction the place of residence of the person named in such reference is, at the time of making such reference, situated: Provided that where such person has no place of residence, the reference shall be made to the Tribunal within the territorial limits of whose jurisdiction such person, is at the time of making such reference, found.
- (5)Every application under sub-section (2) shall be made to the Tribunal within the territorial limits of whose jurisdiction the person named in such application is found or, as the case may be, has his place of residence, at the time of making such application.]
Summary
- The Central Government can refer any question about whether a person is an illegal migrant to a Tribunal for a decision.
- This reference can happen because of a representation (a formal statement of facts) made by the person against an order under the Foreigners Act, 1946, or in any other manner.
- Any ordinary person can apply to a Tribunal to decide if a specific individual is an illegal migrant, provided the target person is found or resides within the jurisdiction of the same police station where the applicant lives.
- Every private application must be made in the prescribed form and manner, and must be accompanied by affidavits (written statements sworn under oath) from at least two local residents who live in the same police station jurisdiction as the target person. These affidavits must support the averments (factual claims) made in the application.
- Private applications must be accompanied by a fee, which cannot be less than ten rupees and cannot be more than one hundred rupees.
- Government references must go to the Tribunal where the person resides, or if they have no residence, where they are found. Private applications must go to the Tribunal where the target person is found or resides at the time of the application.
Practical examples
FAQ
1. What geographical restriction applies to applications by private individuals?
The person named in the application must be found or reside within the jurisdiction of the same police station where the applicant resides.
2. How many people must back a private application with affidavits?
The application must be accompanied by affidavits from at least two people who reside in the same police station jurisdiction as the target person.
3. What is the fee for making a private application?
The fee must be prescribed by rules, but it cannot be less than ten rupees and cannot be more than one hundred rupees.
4. Where should a government reference be filed if the person has no fixed place of residence?
It must be filed with the Tribunal within whose territorial limits the person is found at the time of the reference.
Test yourself
Q1.Under Section 8 of The Illegal Migrants (Determination by Tribunals) Act, 1983, what is the minimum and maximum fee that can be prescribed for a private application?
Q2.Under Section 8 of The Illegal Migrants (Determination by Tribunals) Act, 1983, what geographical link must exist between a private applicant and the person they claim is an illegal migrant?
Q3.Under Section 8 of The Illegal Migrants (Determination by Tribunals) Act, 1983, how many supporting affidavits must accompany a private person's application?
Q4.Under Section 8 of The Illegal Migrants (Determination by Tribunals) Act, 1983, if the Central Government refers a case of a person who has no place of residence, which Tribunal has jurisdiction?