The Constitutional Court has rejected a request for a constitutional interpretation filed by three Tibetans seeking to stay in Taiwan, citing their Nepalese citizenship.
The Tibetans had visited Taiwan several times either as dependents of relatives or to preach Tibetan Buddhism, the court said.
Upon expiration of their visas in 2017, they applied for residency permits with the National Immigration Agency (NIA), saying that they entered Taiwan with fake passports and the situation conformed with Article 16 of the Immigration Act (入出國及移民法).
Photo: Taipei Times file
Under the article, the NIA can permit a stateless person from India or Nepal who entered the country before June 29, 2016, and who cannot be repatriated, to reside in Taiwan.
The NIA asked the Ministry of Foreign Affairs to check the backgrounds of the three petitioners and found that they had Nepalese citizenship, the court said, adding that as they were not stateless, the NIA rejected their applications.
The three filed a lawsuit stating that they do not have a country to return to and wish to remain in Taiwan.
In hearings at the Taipei High Administrative Court and the Supreme Administrative Court, the three were deemed not eligible for residency. The latter ruling issued last year was final.
The Tibetans then sought a constitutional interpretation, in which they said they left Nepal out of fear of religious persecution and could face prison if they were deported back to Nepal.
The Constitutional Court said that the appellants possess Nepalese citizenship and have traveled freely between Nepal and Taiwan, with one of them making the trip 63 times, another 37 times and the third five times, which suggests they do not face risk persecution in Nepal.
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