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How Can a Bangladeshi Challenge Passport Refusal, Impounding, Revocation or Unreasonable Delay?

A Bangladeshi passport authority may refuse to issue, impound or revoke a passport only under the Bangladesh Passport Order, 1973 and other applicable law. The authority cannot rely on an undisclosed personal preference or a ground not recognised by law.

An affected person should obtain the written decision and reasons, use the appeal under Article 10 where one is legally available, and consider judicial review where the action violates a fundamental right, lacks lawful authority or denies required procedural fairness.

Constitutional right to travel

Article 36 guarantees every citizen the right to leave and re-enter Bangladesh, subject to reasonable restrictions imposed by law in the public interest.

This means the right is constitutionally protected but not absolute. Restrictions must have a legal basis and must satisfy the constitutional standard of reasonableness.

The Bangladesh Passport Order, 1973 is the principal legislation regulating passports and travel documents.

Refusal to issue a passport

Article 5 of the Passport Order governs applications and requires the passport authority to make an order issuing the passport, issuing it with limitations or refusing it.

Article 6 states the grounds on which issuance may be refused. The authority should identify the statutory ground actually relied upon rather than use an undefined expression such as “not recommended.”

A refusal must be distinguished from an incomplete application. If the applicant has not provided a mandatory document, the authority may request compliance rather than make a final substantive refusal.

Impounding and revocation

Article 7 governs variation, impounding and revocation of passports and travel documents. It identifies the legal grounds and contains requirements concerning recording and communication of reasons, subject to statutory qualifications.

Impounding generally involves taking or retaining an existing document under statutory authority. Revocation terminates its legal validity. These are different from rejecting a new application.

The applicant should obtain the actual order. A portal message or oral statement may not reveal whether the document was impounded, revoked, blocked for verification or merely held pending further information.

The right to reasons

Article 7 requires the passport authority, when acting under the relevant impounding or revocation power, to record a brief statement of reasons and ordinarily provide a copy to the passport holder, subject to exceptions contained in the Order.

Reasons are important because they allow the holder to understand the statutory basis and decide whether to appeal or seek constitutional relief.

In the reported Appellate Division case Hussain Muhammad Ershad v Bangladesh, 21 BLD (AD) 69, the Court treated compliance with Article 7(4), natural justice and Article 36 as central to the legality of impounding a passport.

Before publication, Ain.bd should verify the exact report text and parallel citation from an authorised law report because a dependable official online copy of the full judgment was not available during this research review.

Statutory appeal

Article 10 permits a person aggrieved by an order of a passport authority under the specified provisions to appeal to the prescribed authority and within the prescribed period. The proviso states that no appeal lies against an order made by the Government.

The current appellate authority, deadline, form and fee must be checked against the Passport Rules and current administrative instruments.

An applicant should not assume that every passport decision has the same appeal route. The identity of the decision-maker matters, particularly because Article 10 excludes an appeal against an order made by the Government.

Judicial review

A writ petition may be considered where the authority relies on a ground not authorised by the Passport Order, fails to provide reasons required by law, acts in bad faith, denies natural justice or leaves a complete application unresolved for an indefensible period.

Where the claim genuinely concerns enforcement of Article 36 or another fundamental right, Articles 44 and 102(1) may be relevant. Where the claim is one of ordinary administrative illegality, Article 102(2) and the availability of an equally efficacious remedy must be examined.

Judicial review does not necessarily result in immediate issuance of the passport. The Court may instead set aside the unlawful order or require the authority to consider the application according to law.

Current passport administration

The Ministry of Home Affairs maintains official passport and visa circulars. The current circular collection includes 2025 instruments concerning relaxation of police-verification requirements, correction of passport information abroad, No Visa Required services and passport eligibility for certain second and third-generation persons of Bangladeshi origin.

Current e-passport instructions require online application followed by enrolment and submission of the applicable identity and supporting documents. The exact requirements vary according to age, application category, identity record and whether the application is made in Bangladesh or through a mission abroad.

No static Ain.bd checklist should be treated as a substitute for the current official portal and mission instructions.

Challenging delay

Delay is not automatically unlawful. Identity discrepancies, incomplete records, litigation, security verification and requests for additional documents may justify further processing time.

The applicant should record when the complete application was submitted and whether the authority requested additional information.

A formal representation should be sent to the issuing office and supervising authority. It should identify the application number, dates, completed requirements and prejudice caused by the delay.

Where the authority neither decides nor identifies a lawful reason for prolonged inaction, an order requiring performance of the statutory duty may be considered.

Correcting identity information

Name, date of birth, place of birth and parental information should not be changed casually. The applicant should establish the correct information through authoritative civil registration, educational or identity records as required by current instructions.

Conflicting records should be resolved through the legally appropriate authority. Repeated passport applications with inconsistent information may make the problem more difficult.

Relevant authorities

Applications inside Bangladesh are administered by the Department of Immigration and Passports and its offices. Applications abroad usually involve the relevant Bangladesh embassy, high commission or consulate, together with the Department and Ministry of Home Affairs.

The High Court Division exercises constitutional judicial review.

Common mistakes

Common mistakes include filing repeated applications instead of challenging an existing decision, failing to ask for reasons and confusing a foreign visa refusal with a Bangladesh passport refusal.

Another error is relying on an outdated police-verification or document checklist. Passport circulars and operational requirements should be checked on the date of application.

Law updated as of 13 July 2026.

Primary sources: Constitution of Bangladesh, Articles 31, 36, 44 and 102; Bangladesh Passport Order, 1973, Articles 5, 6, 7 and 10; applicable Passport Rules; current Ministry of Home Affairs circulars; Hussain Muhammad Ershad v Bangladesh, reported at 21 BLD (AD) 69, subject to final authorised-report verification.

Legal-information disclaimer: This article provides general legal information, not legal advice. Passport cases may involve criminal proceedings, security grounds, travel urgency and changing administrative circulars. Consult a licensed Supreme Court advocate and verify current requirements with the responsible passport office or Bangladesh mission.