The Malaysian Immigration Department (JIM) has clarified reports surrounding a statement allegedly made by Immigration Director General Datuk Zakaria Shaaban regarding the status of individuals holding United Nations High Commissioner for Refugees (UNHCR) cards.
In a statement, JIM denied saying that Rohingya individuals with valid UNHCR cards are not considered undocumented migrants (PATI).
UNHCR cardholders still subject to other immigration rules
The department clarified that while refugees with valid UNHCR cards are exempt from certain immigration offences, they are still required to comply with other provisions under the Immigration Act 1959/63.
JIM explained that the exemption only covers two offences: not having a valid travel document or pass, and overstaying. UNHCR cardholders may still face enforcement action if they commit other immigration offences, such as working without a valid pass or permit.
Employers who hire UNHCR card-holding refugees without the necessary authorisation may also face legal action.
“The exemption from these two offences does not mean that UNHCR cardholders are exempt from complying with other provisions under the Immigration Act.
“The management of refugees and asylum seekers in Malaysia is based on Government policy coordinated through National Security Council (MKN) Directive No. 23: Policy and Mechanism for the Management of Refugees and Asylum Seekers, as well as the Cabinet Committee on Refugees and Asylum Seekers, chaired by Deputy Prime Minister YAB Dato’ Seri Dr Ahmad Zahid Hamidi.”
Government to maintain more organised refugee data
In this regard, The Ministry of Home Affairs (KDN) and JIM are responsible for registering refugees and asylum seekers in Malaysia through the Refugee Registration Document (DPP) Programme.
According to JIM, the programme is aimed at helping the Government maintain more comprehensive and organised data on the number and presence of refugees and asylum seekers in the country.
“Any decisions on the management of refugees and asylum seekers will remain subject to policies set by the National Security Council (MKN) through the Cabinet Committee on Refugees and Asylum Seekers.
“JIM remains committed to carrying out its immigration enforcement duties firmly while ensuring that all actions are in line with the law and the Government’s established policies,” the department said.
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