Supreme Court says 'core issue' is whether Rohingya are refugees or illegal immigrants
The Supreme Court of India has agreed to determine whether Rohingya individuals in the country should be classified as refugees or illegal immigrants. The ruling will address the legal status of the group and the government's authority to deport them.
Why it matters
This legal determination will set a major precedent for India's immigration policy and its obligations toward displaced populations under international law.
The Supreme Court on Monday (August 31, 2026) agreed to hear in detail the "core issue" of whether the Rohingya in India can be classified as refugees or are to be considered illegal immigrants.
Chief Justice of India Surya Kant, heading a three-judge Bench, acknowledged a submission by senior advocate Ashwini Kumar that the court must pronounce an authoritative ruling on the central question of whether the Rohingya were refugees and a class by themselves under the domestic and international laws.
“Yes, that will be the core issue. Prima facie, it appears that as a refugee, someone would have a legal status," Justice Kant remarked.
However, appearing for the Centre, Solicitor General Tushar Mehta argued that India was not a signatory to the Refugee Convention.
He said the legal questions in the case were already prepared, and that the hearing must be restricted to them.
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