Research Directorate, Immigration and Refugee Board of Canada

1. Information of a Male Relative on a Pakistani Passport Issued to a Woman

According to the US Department of State's Reciprocity Schedule for Pakistan, the "essential element of identity" on a passport is the name of the father, or for a married woman, the name of the husband (US n.d.). Sources indicate that the National Identity Card (NIC) and passport of a single woman or a divorced woman would include her father's name (Lawyer, Lahore 25 June 2019; Lawyer, Karachi 12 July 2019). In correspondence with the Research Directorate, a lawyer at a Lahore-based law firm, whose practice areas include family law, stated that the NIC and passport of a married or widowed woman would include her husband's name (Lawyer, Lahore 25 June 2019). In contrast, a lawyer at a Karachi-based law firm, whose practice areas include family law, indicated that the NIC and passport of a widow "may" include the "old status" from before the marriage (Lawyer, Karachi 12 July 2019). The Lahore-based lawyer stated that a change in marital status, such as being divorced or widowed, is registered in the "internal record[s]" of the National Database and Registration Authority (NADRA) and is "not specifically mentioned" on a woman's identity documents (Lawyer, Lahore 25 June 2019).

In a telephone interview with the Research Directorate, a lawyer at a law firm with offices in Islamabad, whose practice areas include family law, indicated that the name of the father appears on all Pakistani passports and NICs, regardless of the gender of the document holder (Lawyer, Islamabad 20 June 2019). The same source noted that the father's name will appear on an unmarried woman's ID regardless of whether the father is alive or deceased (Lawyer, Islamabad 20 June 2019). Similarly, the Karachi-based lawyer stated that, for an adult single woman, there is no need to change her passport or NIC after her father passes away (Lawyer, Karachi 12 July 2019).

According to the Islamabad-based lawyer, it is optional for a woman to change the male relative's name on her NIC and passport after marriage or divorce (Lawyer, Islamabad 20 June 2019). Similarly, the Karachi-based lawyer indicated that, after marriage, a woman may retain her father's last name on her NIC, or change it to her husband's name (Lawyer, Karachi 12 July 2019). In contrast, the website of the Consulate General of Pakistan in Toronto indicates that a married woman applying for a passport is required to provide an NIC [whether Computerized National Identity Card (CNIC), National Identity Card for Overseas Pakistanis (NICOP), or Smart National ID] containing her spouse's name; otherwise, she would be required to modify her marital status on her ID before applying for a passport (Pakistan n.d.a). The website of the Embassy of Pakistan in Washington, DC states that the NIC [CNIC or NICOP] of a married woman "should have" her husband's name at the time she is applying for her passport; otherwise, the father's name will be included on the passport (Pakistan n.d.b).

2. Requirements and Procedures to Change the Named Relative on a Pakistani Passport

According to a report by the Danish National ID Centre, an "independent administrative body under the Ministry of Immigration and Integration" responsible for providing advice "regarding questions of identity determination and ID control of foreign nationals" (Denmark n.d.), applicants for a Pakistani passport must have a CNIC or NICOP or "related smart-cards," or a Child Registration Certificate (CRC), as these documents indicate that the holder is registered in NADRA's [Civil Registration Management System, CRMS] (Denmark 30 May 2018a, 1-2).

Sources state the CRMS contains records of birth, death, marriage and divorce (Denmark 30 May 2018b, 4; APP 8 Apr. 2019). According to the Danish National ID Centre, based on a March 2018 interview with the directorate in question, "almost all" of the information in the passport is transferred from the CRMS and it is "not possible" for the employees at the Pakistani Directorate General of Immigration and Passports to change the information on the passport database, as it cannot differ from the CRMS (Denmark 30 May 2018a, 2). Similarly, the Islamabad-based lawyer indicated that the information on the NIC and passport cannot be different (Lawyer, Islamabad 20 June 2019).

According to the Danish National ID Center, the Union Council, which is the "local administrative authority," is responsible for registering birth, death, marriage and divorce, as well as issuing the respective civil status document and maintaining records in a "handwritten manual register" and in NADRA's database (Denmark 30 May 2018b, 1-2). According to information provided by NADRA to the Danish National ID Centre, NADRA has provided stand-alone computers to ninety percent of Union Councils to enable registration on NADRA's database; the information is collected by an official from NADRA on a USB drive two to four times a month (Denmark 30 May 2018b, 3). The same source further states that the manually registered data from Union Councils without a NADRA computerized system are collected by a representative of a group of Union Councils and provided to a NADRA official (Denmark 30 May 2018b, 3).

According to the US Reciprocity Schedule, NADRA does not verify the accuracy of data entered by the Union Councils (US n.d.). The Danish National ID Centre similarly indicates NADRA does not scrutinize the documents issued by the Union Councils and as such, "the credibility of the content of a document issued by NADRA falls back on the credibility of the Union Council" (Denmark 30 May 2018b, 6). The same source indicates that "incorrect and inaccurate registration" at Union Councils is common due to "bribery, insufficient skills, ignorance and insufficient maintenance of archives" (Denmark 31 May 2018, 5). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. For further information on the procedure to register divorce and the consistency of Union Council procedures, see Response to Information Request PAK106314 of July 2019.

Sources indicated that NADRA does not automatically update marital status or change the named relative on the NIC and passport, but rather that such changes must be requested (Lawyer, Islamabad 20 June 2019; Lawyer, Lahore 25 June 2019; Lawyer, Karachi 12 July 2019). According to the website of the Pakistani Consulate General in Toronto, in order to modify information on the passport, applicants must first update the information in NADRA's database and must modify the CNIC or NICOP or Smart National ID Card before applying for or renewing a passport (Pakistan n.d.a). The NADRA website indicates that the following documents are required to change marital status information on the NIC:

• A photograph of the applicant's original identity card that has been shredded; the photo of the shredded card must be uploaded to NADRA's website;
• For marriages, an affidavit or nikah nama [nikahnama] [marriage certificate (Denmark 31 May 2018, 3)] for a male applicant; for a female applicant: affidavit countersigned by the husband or nikah nama, along with the husband's [original] NIC or a copy of the husband's NIC with an e-mail confirmation from the husband;
• For divorces, divorce "paper" or certificate;
• For widows, the husband's death certificate (Pakistan n.d.c).

The Islamabad-based lawyer indicated that, in cases of remarriage, a divorce certificate or a death certificate, and a marriage certificate, are required to change the named relative on the passport and NIC (Lawyer, Islamabad 20 June 2019). In contrast, the Karachi-based lawyer indicated that for remarriage, the nikah nama or an affidavit countersigned by her husband and her husband's NIC is required to change the information on the passport and NIC (Lawyer, Karachi 12 July 2019). The Islamabad-based lawyer stated that when either spouse updates their marital status information with NADRA, the wife's information will be updated the next time she gets a new NIC or passport (Lawyer, Islamabad 20 June 2019). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Islamabad-based lawyer, if an applicant registers a divorce with the Union Council but has not provided the updated information to NADRA, NADRA will issue identity documents with the old information (Lawyer, Islamabad 20 June 2019). Similarly, the Lahore-based lawyer stated there may be circumstances in which a divorced woman has her ex-husband's name on her passport or NIC after her divorce is registered as the information is not updated automatically (Lawyer, Lahore 25 June 2019). The same source further indicated that "[g]enerally" after finalizing the divorce and obtaining the divorce certificate, the divorced woman will apply to NADRA for an NIC with her father's name (Lawyer, Lahore 25 June 2019). According to the Islamabad-based lawyer, after a divorce, it is "not mandatory" to remove the husband's name from the wife's passport or NIC (Lawyer, Islamabad 20 June 2019). Further information on the consequences of not updating one's marital status with NADRA could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Associated Press of Pakistan (APP). 8 April 2019. "NADRA Facilitating Citizens Through Different Innovative Services." [Accessed 4 July 2019]

Denmark. 31 May 2018. Danish National ID Centre. Pakistan: Marriage Registration and Related Civil Status Documents. [Accessed 18 June 2019]

Denmark. 30 May 2018a. Danish National ID Centre. Pakistan: The Pakistan Passport and Its Trustworthiness. [Accessed 24 June 2019]

Denmark. 30 May 2018b. Danish National ID Centre. Pakistan: Civil Registers, Registration Routines and Corruption. [Accessed 18 June 2019]

Denmark. N.d. Danish National ID Centre. "About the Danish National ID Centre." [Accessed 20 June 2019]

Lawyer, Islamabad. 20 June 2019. Telephone interview with the Research Directorate.

Lawyer, Karachi. 12 July 2019. Correspondence with the Research Directorate.

Lawyer, Lahore. 25 June 2019. Correspondence with the Research Directorate.

Pakistan. N.d.a. Consulate General of Pakistan, Toronto. "Guidelines to Apply New or Renewal of Passports." [Accessed 24 June 2019]

Pakistan. N.d.b. Embassy in Washington, DC. "Machine Readable Passport." [Accessed 24 June 2019]

Pakistan. N.d.c. National Database and Registration Authority (NADRA). "Supporting Documents." [Accessed 25 June 2019]

United States (US). N.d. Department of State, Bureau of Consular Affairs. "Pakistan Reciprocity Schedule." [Accessed 18 June 2019]

Additional Sources Consulted

Oral sources: Pakistan – Consulate General of Pakistan in Toronto, Consulate General of Pakistan in Vancouver, Ministry of Interior, National Database and Registration Authority (NADRA).

Internet sites, including: Al Jazeera; BBC; Dawn; ecoi.net; EU – Public Register of Authentic Travel and Identity Documents Online; Factiva; Keesing Technologies – Documentchecker; The Express Tribune; Geo TV; Pakistan Today; Times of Islamabad; UN – Refworld.