Overview of Refugees and Asylum Seekers in Malaysia

Malaysia is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, which means that the country does not have a formal legal framework for the protection of refugees and asylum seekers. However, Malaysia hosts a significant number of refugees and asylum seekers, primarily from Myanmar, as well as from other countries.

National Regulations

1. Legal Status:

   • Refugees and asylum seekers in Malaysia are considered illegal immigrants under Malaysian law. They do not have the same rights as citizens or permanent residents.
   • The government does not provide formal recognition or legal status to refugees, which can lead to challenges in accessing basic services.

2. UNHCR Registration:

   • The United Nations High Commissioner for Refugees (UNHCR) is responsible for the registration and protection of refugees in Malaysia.
   • Refugees must register with UNHCR to receive protection and assistance. Registration does not confer legal status but provides some level of protection against deportation.

3. Employment:

   • Refugees are not allowed to work legally in Malaysia. However, some may find informal employment, which can expose them to exploitation and legal risks.

Standard Procedures

1. Application for Asylum:

   • Asylum seekers must approach the UNHCR office in Malaysia to apply for refugee status.
   • The application process involves an interview where the applicant must provide evidence of their need for protection.

2. UNHCR Registration:

   • After the interview, if the application is accepted, the individual will be issued a UNHCR card, which provides some protection against arrest and deportation.
   • The processing time can vary significantly, often taking months or even years.

3. Refugee Status Determination (RSD):

   • The UNHCR conducts RSD interviews to assess the credibility of the asylum claim.
   • If granted refugee status, individuals may be eligible for resettlement to a third country, but this process can also take a long time.

General Costs

1. UNHCR Registration Fees:

   • There are no fees for registering with UNHCR or for the refugee status determination process.

2. Legal Assistance:

   • While legal assistance is not provided by the government, NGOs and legal aid organizations may offer support, sometimes at no cost or for a nominal fee.

3. Living Costs:

   • Refugees and asylum seekers often face financial challenges due to their inability to work legally. They may rely on support from NGOs, community organizations, or remittances from family members abroad.

Country-Specific Considerations

1. Health Care:

   • Access to healthcare is limited for refugees and asylum seekers. They may face challenges in accessing public health services and may need to rely on NGOs for medical assistance.

2. Education:

   • Refugee children may have limited access to formal education. Some NGOs provide educational programs, but these are often not comprehensive.

3. Social Integration:

   • Refugees and asylum seekers may face social stigma and discrimination. Community support networks can be crucial for their integration and well-being.

4. Risk of Detention:

   • Refugees and asylum seekers are at risk of arrest and detention by immigration authorities. The UNHCR card provides some protection, but it is not foolproof.

5. Resettlement Options:

   • Resettlement to a third country is a possibility for some refugees, but it is highly competitive and dependent on the policies of resettlement countries.

Conclusion

Navigating the complexities of being a refugee or asylum seeker in Malaysia can be challenging due to the lack of formal legal recognition and support. It is crucial for individuals in this situation to seek assistance from UNHCR and local NGOs that specialize in refugee support. Understanding the local context, regulations, and available resources can significantly impact their experience and prospects for the future.