Answer

Introduction

The Immigration and Foreigners (Exemption) Order, 2025 streamlines India’s refugee management by granting passport and visa exemptions to groups like Sri Lankan Tamil and Tibetan refugees, as well as religious minorities from Afghanistan, Bangladesh, and Pakistan, balancing humanitarian needs with structured oversight.

Body

Significance of Immigration and Foreigners (Exemption) Order, 2025 in India’s Immigration and Refugee Management Framework

• Humanitarian Relief for Vulnerable Groups: The order exempts groups like Sri Lankan Tamils, Tibetan refugees, and persecuted minorities from passports and visas, ensuring safe residence in India.
  Eg: Sri Lankan Tamil refugees in Tamil Nadu gain protection from forced repatriation, ensuring their safety.
• Strengthening Cultural and Regional Bonds: By recognising Nepalese, Bhutanese, and Sri Lankan Tamils, the order reaffirms India’s role as a protector of culturally linked groups.
• Clarity in Immigration Policy: The order codifies exemptions clearly, reducing legal ambiguities in refugee management and providing a consistent framework for officials.
  Eg: Refugees who arrived before January 9, 2015 and registered with authorities are formally recognised under the exemption.
• Preventing Statelessness: It reduces the precarious status of long-term refugees by giving them legal permission to stay, preventing indefinite statelessness.
  Eg: Sri Lankan Tamil refugees who have lived in Tamil Nadu for over 30 years are assured they will not be deported.
• Balancing Security with Compassion: The order reflects India’s approach of maintaining national security while upholding humanitarian values.

Concerns of  Immigration Order, 2025 in India’s Immigration and Refugee Management Framework

• Retention of “Illegal Migrant” Tag: Despite exemptions, refugees continue to be categorised as illegal migrants, denying them the path to Indian citizenship.
  Eg: Sri Lankan Tamils in camps remain ineligible for naturalisation under the Citizenship Act, 1955.
• Exclusion from Citizenship Benefits: The order excludes persecuted groups like Sri Lankan Tamils, unlike CAA 2019, which fast-tracked citizenship for non-Muslim minorities.
  Eg: Tamil refugees excluded despite facing severe civil war persecution.
• Denial of Long-Term Visas (LTVs): Even without citizenship, refugees are not granted LTVs, preventing access to basic rights such as property ownership, banking, jobs, and education.
• Creates Disparity Among Refugees: The selective exemption creates inequality between refugee groups, as some receive citizenship pathways while others remain in limbo.
  Eg: Tibetan refugees receive a “Certificate of Identity,” but Sri Lankan Tamils do not receive equivalent documents.
• Prolonged Refugee Dependence: Without integration or repatriation frameworks, refugees remain trapped in temporary camps for decades, fostering marginalisation.

Conclusion

The Exemption Order 2025 reflects India’s effort to balance security with humanitarian relief, protecting vulnerable groups like Sri Lankan Tamils and Tibetan refugees. However, retaining the illegal migrant tag and denying citizenship or LTVs prolongs their marginalisation. A more inclusive refugee framework is vital for dignity and integration.

DOWNLOAD PDF