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As per case facts, the Petitioner, a Tibetan refugee born in Dharamshala, India on 15.05.1966, faced rejection of her foreign passport application in Switzerland, being advised to seek a national
...passport from her country of origin. Her subsequent attempts to obtain Indian identity documents or passports were rejected. Her application for stateless person recognition in Switzerland was also denied. She approached the High Court seeking recognition of her Indian citizenship by birth and issuance of an Indian passport. The question arose whether the Petitioner is an Indian citizen by birth under Section 3(1)(a) of the Citizenship Act, 1955, and thus entitled to an Indian passport. Finally, the High Court, relying on precedents and an Office Memorandum, held that individuals born in India during the specified period (Jan 26, 1950 - July 1, 1987) are Indian citizens by birth. The court clarified that declaring 'Tibetan nationality' or possessing an 'Identity Certificate' does not constitute renunciation or termination of Indian citizenship. The petition was allowed, and an Indian passport was directed to be issued.
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