Exploring the Role of Foreigners Tribunals in Immigration Law

Foreigners Tribunals UNDER THE NEW Immigration Framework 2025

1. What are Foreigners Tribunals?

Foreigners Tribunals (FTs), originally established for Assam, have been strengthened under the Immigration and Foreigners Act, 2025. They now hold the powers of a first-class Judicial Magistrate, enabling them to:

- Direct detention or release of persons suspected to be foreigners.
- Issue arrest warrants.
- Decide disputes relating to nationality and immigration status.

2. Why Was the New Law Introduced?

The government replaced older legislations like the Passport (Entry into India) Act, 1920 and the Registration of Foreigners Act, 1939 to streamline immigration control. The 2025 framework introduces:

- Comprehensive rules for visa, registration, and deportation.
- Biometric data collection and monitoring.
- Specific provisions to regulate illegal migration.

3. What Do the Immigration and Foreigners Rules Cover?

The Immigration and Foreigners Rules, 2025 empower the Bureau of Immigration (BoI) to:

- Investigate immigration fraud.
- Restrict or deny entry on grounds of unlawful activity or security concerns.
- Require educational institutions to report details of foreign students.
- Define an “illegal migrant” as anyone without valid documents.
- Mandate biometric data collection of all foreigners.

4. How Do the Foreigners Tribunals Function?

- FTs must decide nationality disputes within 30 days.
- They can issue arrest warrants for suspected foreigners.
- In Assam, FTs play a crucial role in deciding cases linked to the National Register of Citizens (NRC).
- Nearly 100 FTs operate in Assam, with more sanctioned.
- Tribunal structures and procedures are now standardised under law.

5. What Is the Immigration and Foreigners Exemption Order?

Certain groups remain exempt from the Act:

- Citizens of Nepal, Bhutan, and Tibetans.
- Sri Lankan Tamils who entered before January 1, 2005.
- Minorities from Afghanistan, Bangladesh, and Pakistan who entered before December 31, 2014.
- No exemptions apply for foreigners arriving after these cut-off dates.

6. What Is the Significance for Assam?

- Assam is the only state with a large network of FTs.
- Around 3.29 lakh NRC applicants excluded from the final list may have to approach tribunals.
- Border forces like the BSF and Assam Rifles have been further empowered to act against illegal entrants.

SYNOPSIS

The Immigration and Foreigners Act, 2025 centralises immigration management by empowering the Bureau of Immigration and strengthening Foreigners Tribunals. Assam remains the focal point due to NRC-linked disputes, while exemptions protect specific groups. This framework ensures legal clarity, tighter border control, and faster resolution of nationality disputes.