The government has stated in the Supreme Court that illegal Rohingya migrants do not possess any inherent right to live in India.

The Union government has conveyed to the Supreme Court that illegal Rohingya Muslim migrants do not hold a fundamental right to reside and settle in India. It underscored that the judiciary lacks the authority to establish a distinct category for granting refugee status to those who unlawfully enter the country. The government underscored that India does not acknowledge UNHCR refugee cards, which some Rohingya Muslims have utilized to assert refugee status. Additionally, it raised concerns about illegal migration, including the acquisition of counterfeit Indian identity documents and involvement in human trafficking, which pose security risks.

This significant statement by the Union government regarding the status of illegal Rohingya Muslim migrants in India was made in its submission to the Supreme Court. The government asserted that these migrants lack the fundamental right to reside and settle in India. It stressed that the judiciary should refrain from intruding into the legislative and policy realms of the Parliament and executive by creating a separate category for granting refugee status to such individuals.

Referring to various Supreme Court judgments, the government clarified that while foreigners enjoy the right to life and liberty under Article 21 of the Constitution, the right to reside and settle in the country is exclusively reserved for Indian citizens. Moreover, it clarified that India does not recognize UNHCR refugee cards, which some Rohingya Muslims have obtained to claim refugee status.

"The continued illegal migration of Rohingyas into India, besides being unlawful, poses grave security ramifications," the government stated. It highlighted the challenges arising from large-scale illegal migration from neighboring countries, particularly Bangladesh, which has led to demographic changes in some border states such as Assam and West Bengal.

The government's affidavit also highlighted credible intelligence suggesting that many Rohingyas are engaged in activities such as obtaining fake Indian identity documents, human trafficking, and subversive activities across the country, posing threats to internal and national security.

Responding to a plea for the release of detained Rohingyas by petitioner Priyali Sur, the government reiterated that those unlawfully entering India would be dealt with according to the provisions of the Foreigners Act. It clarified that since India is not a signatory to the 1951 Refugee Convention and its Protocol relating to the Status of Refugees, it would address the issue of Rohingyas based on its own domestic framework.

The government rejected the petitioner's plea to treat Rohingyas similarly to refugees from Tibet and Sri Lanka, stating, "Whether or not any class of persons is to be recognized as refugees is a pure policy decision. There cannot be any recognition of refugee status outside the legislative framework, and such a declaration of refugee status cannot be made by judicial order… the right to equality is not available to foreigners and illegal migrants."