CHANDIGARH: The Immigration and Protection Tribunal of New Zealand has rejected all 40 published asylum cases linked to Khalistan that were decided during 2025-26, marking a clear shift from two successful claims in 2024.
The tribunal decisions state that support for Khalistan or participation in related political activity, without evidence of a specific and credible risk of persecution, is insufficient on its own to establish refugee status.
The tribunal rejected 15 such cases in 2025 and 25 cases in 2026, with applicants required to demonstrate an individualised risk of persecution rather than relying solely on political or separatist sympathies.
The claims covered a wide range of arguments, including active supporters of an independent Sikh homeland, individuals perceived as separatists by Indian authorities and claimants for whom Khalistani ties formed part of a broader fear of political persecution.
According to the report published in Kiwi-Indian news outlet Awaaz, the tribunal was of the view that voting in a referendum, attending a protest, and following pro-Khalistan accounts online is 'not enough'.
Also, it thinks that just because the police have previously questioned or suspected an individual of separatist sympathies does not automatically establish the legally required 'real chance' of future persecution.
The reversal follows two successful cases in 2024, when the tribunal recognised Indian nationals as refugees after accepting that their public support for Khalistan could expose them to a genuine risk of persecution if returned to India.
In both those rulings, the tribunal found the appellants to be credible supporters of an independent Sikh state.
The tribunal heard the man who had joined pro-Khalistan Facebook groups in 2017. He had regularly shared material on Facebook and Instagram and followed prominent separatist figures.
In the second case, the appellant had spent years engaging with pro-Khalistan material online and had a prominent pro-Khalistan tattoo.
Meanwhile, another notable successful asylum case was in 2020, in which the appellant had more than 3,000 Facebook friends and pro-Khalistan TikTok videos attracting thousands of views. He also had prominent tattoos connected to the cause and was found to be a genuine supporter of Khalistan.
Notably, the lawyers have cited one or both of the 2024 decisions in at least nine unsuccessful cases.
The tribunal has repeatedly found that later applicants had significantly lower-profile political activity and provided insufficient evidence that Indian authorities were aware of their involvement.
The tribunal’s more recent rulings have distinguished publicly expressing support for Khalistan and establishing that such activity creates a genuine risk of persecution.
To qualify, an applicant must demonstrate a sustained, highly visible and credible profile that creates a realistic prospect of targeted state retaliation.
The overall number of asylum applications involving Khalistan-related claims, however, cannot be determined from official statistics.
Immigration New Zealand does not categorise publicly available asylum data according to the particular political or other grounds invoked by applicants.
According to an INZ spokesperson quoted by Awaaz, relevant information may be contained in individual case files but is not maintained in a format that can readily be extracted for statistical reporting.
Meanwhile, on the other hand, intelligence sources have been alleging that pro-Khalistan networks operating in the diaspora have used promises of visas and employment abroad to recruit youth from Punjab.
They also further pointed out that the fabricated letters identifying these applicants as party workers with claims of religious persecution were provided to support asylum applications, with such documents allegedly being sold.
Then, these youngsters were subsequently expected to participate in anti-India demonstrations and gatherings associated with pro-Khalistan groups.
Also, the sources in the intelligence agencies alleged growing cooperation between Pakistan’s Inter-Services Intelligence (ISI) and pro-Khalistan networks in western countries, involving funding, narcotics trafficking, propaganda and the use of asylum as a legal process.
