Refugee Status Determination

The 1951 Refugee Convention defines a refugee as someone who has been forced to flee his/her/their country of origin or previous residence and is unable to return there because there is a reasonable likelihood for this individual to be persecuted or otherwise experience serious harms or human rights violations, for reasons of race, religion, nationality, membership of a particular social group or political opinion. 

A person is also considered a refugee if they are unable to return to their country of origin because of generalised violence (such as war or conflict) or events seriously disturbing public order. 

Persons who meet these criteria are recognized as refugees and their legal status is recorded as ‘refugee’ in UNHCR’s database upon completion of the RSD process. While they wait for a decision, they are called asylum-seekers.  

Please note however that recognition by UNHCR does not give legal immigration status in Malaysia. 

However, under international law, both refugees and asylum-seekers have the right not to be sent back to a place where their life or freedom may be in danger, or where they could face torture or other harmful treatment (this is called non-refoulement). 

Refugees and asylum-seekers must also respect the laws of the country they are living in. If a refugee or asylum-seeker commits a criminal offence, they are subject to due process of the law, just like any other person in the country. 

A refugee is different from a migrant. A migrant chooses to leave their country, for example for work or study. A refugee leaves because they are forced to. 

Because of the large number of people seeking asylum and limited resources, UNHCR is not able to schedule RSD interviews for everyone at this time. RSD interviews are scheduled based on prioritisation criteria. Priority is given to people who:

face serious protection risks in Malaysia, or

have an opportunity for a third-country solution for which recognition by UNHCR is required.

This means RSD interviews are scheduled based on need, not on how long you have been registered, or your nationality, religion, or ethnicity. It is therefore not possible to estimate when each person will receive an interview. We appreciate your patience and understanding.

Please do not come to the UNHCR office or contact us requesting RSD. When your interview is scheduled, UNHCR will contact you by phone. Therefore, please make sure your contact details are always up to date so we can reach you. To update your contact, please click here and follow the relevant instructions. Given these constraints, UNHCR prioritises ensuring that as many people as possible can register and receive documentation, even if RSD interviews cannot take place anytime soon. We appreciate your patience and understanding.

During your RSD interview, your interviewer will speak to you about a range of topics, including your identity, background, family situation, education, work history, relevant past experiences, the reasons why you left your country, and your present situation in Malaysia.

Your interviewer will also ask you what you believe might happen if you return to your home country. 

Your RSD interview will take several hours (exceptionally even days), but you can ask for breaks.  

You have a duty to tell the truth and to cooperate with the RSD interviewer during the RSD interview. It is important to explain your own profile and experiences honestly. If it is discovered later that you misled UNHCR, this may negatively affect your RSD case. 

You have a right to be interviewed in a language that you are comfortable with. UNHCR will provide an interpreter during the interview. The interpreter’s role is only to translate. They are neutral and do not influence the decision. All interpreters are bound by an oath of confidentiality.  

You can ask for an interviewer or interpreter of a different gender if you would feel more comfortable and if staff resources allow. This will not affect your case.  

If you have serious concerns about the interviewer or interpreter, you can raise this during the interview. A supervisor will review your request, and if warranted, UNHCR will do its best to identify a different interviewer or interpreter where staff resources allow.  

Your information will be kept confidential. It will not be shared with any third party (including even your own family members) without your permission and explicit consent.   

You can ask the interviewer to explain any aspect of the process.  

You can request for breaks during the interview. If you are not feeling well and cannot continue with the interview, or if you have a medical condition that you think UNHCR should be aware of, please tell your interviewer.  

Finally, you can engage the services of qualified legal representatives at your own cost or on a pro bono or low bono basis, if available. Your legal representative must have the necessary training and/or experience to perform this role. Please note that UNHCR Malaysia is not able to provide a legal representative for you. For further information on legal representation, see “Where can I seek legal advice and representation?” section below. 

The interview will be audio-recorded and a written transcript of the questions and responses will be taken by UNHCR. UNHCR stores this information securely in its systems.  

For security and data protection reasons, you are not allowed to record the interview yourself.  

Please inform your interviewer immediately if you have provided incorrect or untruthful information in the past. Being honest about your claim and admitting that you have provided incorrect or untruthful information, even if only at a later stage, is viewed positively. UNHCR can make corrections or additions to the information to your case if there is a reasonable explanation.   

If you only realise after your RSD interview is completed, please contact UNHCR via e-mail at [email protected]. 

Please include in the email: 

• your name 

• your UNHCR case number 

• your phone number 

There is no fixed timeline for receiving an RSD decision. 

Because of the large number of asylum applications and very limited resources, decisions are made based on priority and protection and solutions needs, not on how long you have been registered. 

Priority is given to individuals who: 

• face serious protection risks in Malaysia, or  

• have an opportunity for a third-country solution for which recognition by UNHCR is required.  

Even if you have already had your interview, your case may still take time if others have more urgent needs.  

Your case may also take longer if: 

• Your situation changes, and you no longer have urgent, serious protection or solutions needs over above the general refugee and asylum-seeker population in Malaysia 

• More information is needed to conclude on your case, and another interview is required 

UNHCR reviews its cases and priorities regularly, and they may change over time.  

For all these reasons, UNHCR cannot estimate when a decision will be made in each case. We appreciate your understanding and patience.  

Please keep UNHCR informed of any changes in your phone number or email address here, so that we can be able to contact you at any time.  

Your appeal will be reviewed by a different UNHCR officer who was not involved in the initial decision not to grant you refugee status.  

Not everyone who appeals will get an appeal interview. If an appeal interview is needed, UNHCR will let you know and set a date for your appeal interview.  

If the initial negative decision is overturned, you will be granted refugee status and become a refugee.  

If the initial negative decision is confirmed, you will be notified of the decision and your case will be closed. You will no longer be eligible for assistance by UNHCR or any UNHCR documentation.  

There are several reasons why your case might have been closed: 

• You elected not to submit an appeal application within 30 days of being notified of your negative first instance decision. 

• You submitted an appeal and this was then rejected at the Appeal stage. 

• You left Malaysia, either to return to your home country or to go to another country. 

• You were uncontactable over an extended period during which UNHCR tried many times to contact you for appointments.  

If you missed an appointment or were uncontactable over an extended period: 

If you have valid reasons for not being able to follow UNHCR’s procedures (serious health issues or other serious circumstances out of your control for example), kindly reach out to UNHCR. UNHCR will review your request, and may reopen your case and continue your process, as appropriate.  

If you elected not to appeal within the deadline, or if your appeal was rejected: 

In such situations, UNHCR considers that it has made a final decision in your case. This decision is not subject to further appeal.   

In very exceptional cases, you can request for your case to be re-opened after a final decision. However, due to the high volume of applications, it will take a long time before UNHCR can review your re-opening application. There is also no guarantee that your case will be re-opened as UNHCR has already considered your case in detail. Please note that your request will only be considered if: 

1. There has been a significant change in the conditions in your country of origin that may affect your eligibility for refugee status, 

2. There has been a significant change in your personal circumstances that may affect your eligibility for refugee status, or 

3. There is relevant and reliable new information indicating that your case was improperly decided and/or that grounds for eligibility for refugee status were not adequately examined or addressed. 

You can submit a request to reopen your case by email via [email protected]. 

Please include in the email: 

• the words “Reopening Request” in the subject line 

• your name 

• your UNHCR case number 

• your phone number 

You should also explain the reasons why you are requesting for your case to be reopened. What reasons to include depends on why your case was closed. Please see “Can I request to reopen my case after it has been closed?” for further information.  

You have the right to engage the services of a qualified legal representative at your own cost or on a pro bono (free) or low bono (minimal cost) basis. If you wish to appoint a legal representative, you must do so in writing. You need to clearly name the individual you wish to act as your representative and authorise him/her with this task. This Authority to Act should be attached when you submit your application. 

No, you cannot. Please note that all services provided by UNHCR and its partners are free. Do not trust anyone or any organization that asks for money to be paid for UNHCR or its partners’ services. They are lying to you. You will lose your money, and you will not get an interview appointment. People who tell you such lies are seeking to take advantage of your situation. Avoid them at all costs. They may show you information to persuade you that they are connected to UNHCR. Do not believe them. 

If you have been approached by someone claiming they can help your case with UNHCR, please inform UNHCR immediately. For further information on where and how to report click here. All complaints will be treated confidentially.