Immigration Law at Afghanistan

Immigration law in Afghanistan has gone through significant changes over the past few decades, especially due to ongoing conflict, regime changes, and shifting international relations. Here's a general overview of the situation as of recent developments:

🛂 Immigration Law in Afghanistan – Overview

1. Governing Bodies

The Ministry of Interior Affairs and the Directorate of Passports are mainly responsible for immigration and citizenship-related matters.

Under the Taliban government (since August 2021), the legal system, including immigration law, has been in flux, with many policies being redefined or strictly enforced under their interpretation of Sharia law.

2. Immigration into Afghanistan

Foreign immigration into Afghanistan is extremely limited.

Entry visas are difficult to obtain unless you're:

A humanitarian worker

A journalist (with restrictions)

A diplomat

The country is not a common destination for immigrants due to security, economic instability, and political uncertainty.

3. Emigration (Leaving Afghanistan)

Many Afghans have sought asylum or emigrated to other countries due to:

Taliban rule

Lack of civil liberties

Economic hardship

Safety concerns

Neighboring countries (Iran, Pakistan) have hosted large numbers of Afghan refugees.

Western countries like the U.S., Canada, Germany, and the UK have initiated special immigration programs for vulnerable Afghans, especially those who supported international efforts.

4. Refugees & Asylum

Afghanistan is a major source country for refugees.

Millions of Afghans are currently living abroad as refugees or asylum seekers.

The Taliban has not recognized international refugee conventions in practice, and there is no functioning asylum system within the country.

5. Citizenship Laws

Afghan citizenship is primarily based on jus sanguinis (right of blood), meaning children born to Afghan parents are citizens regardless of place of birth.

Dual citizenship is not officially recognized, although many Afghans hold dual citizenship informally.

6. Travel Restrictions

Under the Taliban, women and girls face restrictions on travel, including the need for a mahram (male guardian) for international travel.

Many Afghans face difficulties obtaining passports or exit visas.

⚖️ Legal Framework

Most current immigration-related policies are based on a combination of:

Previous Afghan laws (pre-2021)

Decrees by the Taliban

Islamic legal interpretations as enforced by the current regime

 

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