Asylum Access

By:

CSO ROL Cluster

Affiliations:

Asylum Access

Policy Code:

2f3 Refugees and undocumented

Problem Statement:

Refugees and asylum seekers require greater legal protection in Malaysia. Malaysia is not a party to the 1951 Refugee Convention, and has no domestic or administrative framework that governs refugees and their rights. Refugees also do not have access to fundamental rights including legal status, safe and lawful employment, formal education and equal protection of the law, and are at constant risk of arrest, detention and exploitation.

Value(s) and Belief(s):

Asylum Access Malaysia’s refugee legal aid program assists refugees and asylum seekers to successfully navigate the UNHCR Refugee Status Determination (RSD) process, thereby improving their chances of living safely and moving freely in Malaysia. In addition to direct legal services, we offer Know-Your-Options workshops to provide basic legal and practical information to help refugees navigate the RSD process and avail themselves of other legal protections that may prevent detention, and help them acclimatize to life in Malaysia. We also engage in capacity building activities with lawyers, universities and civil society organizations to develop a refugee legal aid network in Malaysia.

Proposal of Solution:

1) Legislative/administrative framework for the protection of Refugees and Asylum Seekers for legal status to prevent arrest and detention.

2) Legal status, to enable work rights to be formally employed.

3) Refugee children to be able to join the National Education System and Religious schools.

4) Affordable access to healthcare and withdrawal of Directive 10 which makes it obligatory for Health Care staff in Government Health Care Institutions to report to immigration enforcement, any undocumented Refugees who sought treatment at the hospital.

Additional Information:

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