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UNHCR Card Does Not Exempt Rohingyas From Immigration Laws, Says Immigration

UNHCR Card Does Not Exempt Rohingyas From Immigration Laws, Says Immigration

The Immigration Department says valid UNHCR cards only exempt refugees from two specific offences, while other immigration violations, including working without a valid permit, can still result in enforcement action.

In Brief
  • Rohingya refugees with valid UNHCR cards are still subject to Malaysia's Immigration Act and can face enforcement action.
  • UNHCR cardholders are only exempt from two offences: lacking valid travel documents and overstaying, not other immigration violations.
  • Employers hiring UNHCR cardholding refugees without legal authorisation may also face action under Malaysian immigration law.

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The Malaysian Immigration Department has clarified that Rohingya refugees holding valid United Nations High Commissioner for Refugees (UNHCR) cards remain subject to Malaysia’s immigration laws and can face enforcement action for other immigration offences.

Immigration director-general Datuk Zakaria Shaaban said the immigration had never stated that Rohingya holding valid UNHCR cards were not considered illegal immigrants, as previously reported by some media.

He said UNHCR cardholders remained subject to the Immigration Act 1959/63 and could be subjected to action if they committed other immigration offences, including working without a valid pass or permit.

Employers who hire UNHCR cardholding refugees without the necessary legal authorisation could also face action under the law.

Zakaria clarified that exemptions for UNCHR car holder applied to two specific offences under the Immigration Act — not possessing a valid travel document or pass, and overstaying.

“The exemption from these two offences does not mean UNHCR cardholders are exempt from complying with other provisions under the Immigration Act,” he said in a statement.

The clarification came following media reports concerning the immigration status of Rohingya refugees holding UNHCR cards.

Zakaria said the management of refugees and asylum seekers in Malaysia was carried out in accordance with government policy, coordinated through National Security Council Directive No. 23 on the Policy and Mechanism for the Management of Refugees and Asylum Seekers.

The policy is also overseen by the Cabinet Committee on Refugees and Asylum Seekers, chaired by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

He said the Home Ministry and the immigration had been tasked with registering refugees and asylum seekers in Malaysia through the Refugee Registration Document (DPP) programme.

The programme is aimed at giving the Government more comprehensive and systematic data on the presence of refugees and asylum seekers in the country.


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