Court upholds immigration agency decision on Nepalese residence case

Taipei-The Taipei High Administrative Court on Thursday issued a ruling upholding the National Immigration Agency’s (NIA) decision to reject the applications of three Nepalese nationals for Taiwan residence certificates.

The case began after Karma Thinley, Rinchen Choedon, and Pema Dolma were denied the alien residence certificate by the NIA on March 29, 2019, following an agency review meeting.

The NIA also issued a notice afterwards notifying the three that they were required to leave Taiwan within 10 days as their visas had expired, which prompted them to bring the court case.

The complainants contend they are stateless people and that the travel documents they used to enter Taiwan from 2005 and 2015 were forged.

On these grounds, they argued that Article 16 of the Immigration Act should apply. This states that stateless people from India or Nepal who entered Taiwan before June 29, 2016 and cannot be repatriated may be allowed to reside in Taiwan.

However, in its ruling, the court said the NIA decision was correct as the evidence clearly shows the three are all Nepalese nationals and have identity documents issued by the Nepalese government.

In addition, they have each traveled between Taiwan and other countries multiple times over the years using their Nepalese passports, the court added.

The three Nepalese nationals can appeal the ruling and the court granted them leave to stay in Taiwan until legal proceedings are exhausted.

Source: Focus Taiwan News Channel