Syrian LGBTQ+ Refugee Seeks Protection in Gujarat High Court
A 29-year-old Syrian national has approached the Gujarat High Court with a plea for a long-term visa to stay in India. He expresses deep fear for his life if forced to return to Syria. The man belongs to both the LGBTQ+ community and the Alawite religious group, which he says faces severe persecution in his homeland.
Petition Details and Arrest Background
The Syrian petitioner filed this request jointly with his 33-year-old Indian partner from Gujarat. They describe their relationship as long-term and committed. Currently, the Syrian man remains detained at the Joint Interrogation Centre in Ahmedabad. Gujarat police arrested him in November 2025 during investigations following the Red Fort blast in Delhi.
His Indian partner secured bail earlier, but the Syrian national continues to await bail. Authorities charged the Syrian under the Foreigners Act of 1946. They accused his partner of abetment. The petition names several officials as respondents, including the Gujarat Home Department Secretary and officers from the Ministries of Home Affairs and External Affairs.
Reasons for Seeking Asylum in India
The Syrian man arrived in India in September 2019 to pursue education. He earned a B.Tech degree from Marwadi University in Rajkot on a government scholarship. After his student visa expired in late 2023, he applied for a refugee card from the United Nations High Commission for Refugees. UNHCR granted him refugee status in January 2024 after detailed interviews.
He now fears returning to Syria due to multiple threats. As a gay man living with HIV, he faces legal prosecution and social violence. Syrian law criminalizes same-sex activity with potential imprisonment up to three years. The petition highlights that LGBTQ+ individuals in Syria risk rape, sexual harassment, and other brutal attacks.
Additionally, he belongs to the Alawite community, which has recently experienced targeted killings and massacres. The petition argues these factors create a well-founded fear for his safety.
Legal Arguments in the Petition
The petition requests several key actions from the Gujarat High Court. It seeks to quash the FIR filed against both petitioners. It asks the court to place the Syrian national under home arrest until the case resolves. Most importantly, it urges the court to grant him a long-term visa based on the Ministry of Home Affairs' 2019 Standard Operating Procedure.
The legal filing argues that the charges against him constitute only a non-cognizable offense. It states he did not enter India illegally but overstayed after his visa expired. The petition emphasizes that his romantic relationship with an Indian citizen does not amount to abetment of any crime.
It further requests a stay on proceedings related to the November 2025 FIR until the High Court decides this petition. The Syrian man pleads not to be deported to Syria, where he believes he would face almost certain danger.
Current Status and Broader Context
The Syrian national remains in custody while his partner lives freely on bail. In November 2025, the Special Operations Group of Devbhoomi Dwarka police sought to add charges under the Immigration and Foreigners Act 2025. The Chief Judicial Magistrate in Khambhaliya approved this request.
This case highlights the challenges faced by LGBTQ+ refugees seeking safety in India. It also underscores the complex intersection of immigration law, human rights, and international protection obligations. The Gujarat High Court's decision could set an important precedent for similar cases involving vulnerable individuals fleeing persecution.
The petition represents a desperate bid for safety by a man caught between legal technicalities and genuine fear of persecution. His future now depends on how Indian courts balance national security concerns with humanitarian protection principles.
