Although from the point of view of many people who are naive and unaware of efficient immigration information, asylum is also one of the Methods of immigration to Malaysia is However, this path has dangerous and irreparable consequences; It is better to consider it as a way to lower the standard of living rather than a way to improve the quality of life, in this article we will discuss why this is the case. And we examine why asylum is the last option for immigration. However, there are better routes such as educational immigration to Malaysia, work immigration, immigration with company registration, etc., which are much more beneficial and less risky for immigration.
Immigrate to Malaysia through asylum
In recent decades, Malaysia has received a large number of migrant workers and refugees. According to the United Nations High Commissioner for Refugees (UNHCR) in 2018, approximately 154,000 asylum seekers and refugees, 4.5 million workers and 13,000 others migrated to Malaysia without obtaining residency. Of course, this number certainly does not end with this number.
With such a large number of refugees in Malaysia, there is no national refugee or policy framework associated with this country. In Malaysia, any illegal entry or asylum stay is punishable and considered a crime. The Malaysian government does not distinguish between workers and refugees. Even if they have registered and obtained their asylum through the United Nations High Commissioner for Refugees.
The Malaysian government is one of the countries that has not signed the treaties related to respecting the rights of asylum seekers. It is also very difficult to track the status of detained asylum seekers in this country. According to the reports obtained from the refugee camps in Malaysia, the refugees are living in a very difficult situation. In such a way that more than 22 people live in a small room, without sanitary facilities and even drinking water, etc. Most of the refugees are from the poor of East Asia.
“Asylum” laws in Malaysia 2021
As we said above. In Malaysia, there is no internal or administrative law for refugees and their rights. As of September 2014, the number of refugees registered with UNHCR has reached more than 15,000. In addition to being constantly at risk of arrest and detention, these asylum seekers; They do not have access to safe and legal employment and basic rights such as legal status, formal education and legal protection.
Suspects of unauthorized entry into Malaysia will be subject to detention based on Malaysian law. Those arrested will be transferred to Malaysian prisons. This detention usually lasts between 16 months and 5 years. And it is constantly reviewed by frequent judicial reviews. The Malaysian Immigration Authority operates under the Immigration Laws. According to this law, the punishment of people without permission to enter Malaysia will be confidential and strict. This punishment even includes registered refugees.
For an illegal immigrant, there will always be fear and insecurity, especially the fear of being arrested. Especially for refugees who are not registered in the Office of the United Nations High Commissioner for Refugees, this issue will be effective at all ages. It is even possible for children to be arrested on the way to school. After the arrest, these children will be separated from their families and will be in the detention center with other adults.
However, Malaysia intends to enact laws to improve the conditions of asylum seekers. But until this year, 2021, the situation has been difficult for refugees.
Asylum laws in Malaysia update 2024
As of 2024, Malaysia does not have a formal legal framework to protect asylum seekers and refugees. Malaysia has not signed the 1951 Refugee Convention or its 1967 Protocol. This means that it does not confirm any obligation to support refugees.
However, Malaysia has hosted a significant number of refugees and asylum seekers, mainly from countries such as Myanmar, Syria and Afghanistan. To start the asylum process in this country in 2024, asylum seekers must register with the United Nations High Commissioner for Refugees. so that they can get a part of protection, insurance and access to basic services of every citizen.
Key points to know about Malaysia’s 2024 asylum laws include:
- Legal Status: Asylum seekers in Malaysia often face legal challenges as they may be considered illegal immigrants. This can lead to arrest and deportation.
- UNHCR Registration: Registering with UNHCR is very important for refugees, as it provides some legal identification code and access to some limited rights and services.
- Basic government services: Refugees and asylum seekers may have difficulty accessing health care, education, and employment because of their legal status.
- Detention and deportation: According to statistics, there have been reports of detention attacks targeting illegal immigrants, including asylum seekers.
- Lack of a formal asylum process: Without a formal asylum process, people often face uncertainty about their status and future in Malaysia.
Conditions of camps and detention centers in Malaysia
The conditions of detention centers in Malaysia for asylum seekers are very bad. The lack of conditions such as space and people hygiene, and sufficient and nutritious food and access to medical services has caused the occurrence of many serious diseases among the refugees. Several blocks have been converted into detention centers by the Malaysian Financial Affairs Department, which are very inefficient and unsafe. are
Human Rights Commission of Malaysia (SUHAKAM) considers the conditions of these centers to be inhumane. Because in 2014 and 2016, 161 refugees were found to be struggling with deadly diseases. Unfortunately, Malaysia was not one of the signatories of the UN Refugee Convention in 1951, and according to international laws, it does not have a special law for accepting asylum, jobs and education for refugees. Although Malaysia is one of the committed countries and signatories of the United Nations Convention on the Rights of the Child (CRC), this country is considered one of the supporters of children.
For this reason, in many recent projects, the attention of this country has been focused on creating conditions to improve the situation of refugees, especially children. There is also the United Nations.
Limitations (problems) and problems of asylum in Malaysia
There is a lot of talk about changing conditions to improve the situation of asylum seekers in Malaysia. and emphasizes on improving the legal status of asylum seekers. However, refugees currently do not even have legal access to public schools. They cannot even benefit from private schools. As a result, they are forced to study in NGO-supported schools, which do not have enough resources and space. Despite such conditions, many children are forced to work in space and factories. And in difficult conditions, they work instead of studying.
In addition to asylum seekers, refugees are also denied the right to work. Anyone who works illegally in Malaysia, especially from this group, will be sent to the dreaded camps of the Immigration Department. These conditions have caused the exploitation of refugees seeking work by employers. And they work many times more than refugees by paying a tenth of the legal salary of a worker. Similarly, children of refugees will be deprived of education in schools.
The United Nations High Commissioner for Refugees is the only authority that has the ability to try for officially detained refugees. But due to corruption in the internal system of this organization, it lost this image. And he could not even take action for the education of refugees in Malaysia.
The dangers of asylum in Malaysia
In general and in summary, the problems of asylum and refugees in Malaysia can be named as follows:
- High risk of arrest and imprisonment
- Applying other criminal punishments (including caning) and corporal punishment and deportation from Malaysia
- Lack of support from the United Nations High Commissioner for Refugees
- Even if the refugee is registered and approved, there is no guarantee of their support
- Lack of access to health care
- Not having a work permit and a lot of misbehavior from employers and even the community in case of employment
- Lack of support from the law and the government and any other body
- Not being allowed to study and not even having the right to a normal life
Asylum to Malaysia and better alternative routes
Although, in the article presented to you, various refugee issues in Malaysia were discussed. This path is not recommended by any reputable institution or lawyer. This path has many disadvantages and limitations that have put many people in very dire conditions. For some people, maybe seeking refuge in another country is the last way to save their lives. For example, people who are threatened and harassed psychologically, physically, financially, etc. in different ways in their country.
But we know that in general, the first intention of all people to migrate is to start a better life in every way and to get more peace and prosperity.
But we checked with the conditions of the said route, which is to seek asylum in Malaysia. Not only will your quality of life not improve. Rather, the quality level and other aspects of your life will undergo regressions, sometimes irreversible and compensatory. Therefore, if you are applying to immigrate to another country, including Malaysia. It is better to research and study more, according to your current conditions and take advantage of the advice of experienced lawyers, to investigate more legal and constructive ways to immigrate to Malaysia. Paths such as immigration to Malaysia through work, immigration to Malaysia through education, immigration to Malaysia through investment, etc.
The review of all these routes has been written in the form of a comprehensive article on this site. You can make your mental image of immigration more clear by referring and studying them.
Final speech of Migraha magazine
Despite the fact that Malaysia is among the obvious destinations for workers and refugees, millions of migrants and workers have been registered with the United Nations High Commissioner for Refugees (UNHCR) since 2018. However, there are no laws and regulations to deal with the conditions of these people in Malaysia. Any illegal stay in Malaysia is punishable. And this stratum will be compared to each other on the same level regardless of the social class, and from the point of view of the society, these people will be placed at a very low level of the society.
It is better to use the routes that are suitable for you and your loved ones for migration, and by following other migration routes at the cost of endangering your life and your loved ones; Do not agree to any immigration from your country.
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