Help Malaysia / Legal protection

Legal protection

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UNHCR and partners consistently engage with authorities to seek protection for refugees and asylum seekers from detention, deportation or forced return. When refugees or asylum-seekers are arrested or detained for immigration reasons, UNHCR requests their release by: 

  • Receiving and verifying information about such arrests and detention through the UNHCR Malaysia Help page or the UNHCR Arrest and Detention Hotline 
  • Engaging law enforcement agencies to verify the status of refugees and asylum-seekers who have been arrested or detained 
  • Offering legal representation and assistance to the refugee or asylum-seeker 

UNHCR keeps track of all arrest reports made via the Arrest and Detention Hotline and the UNHCR Malaysia Help page. UNHCR will intervene with the relevant law enforcement agency promptly to help those arrested under the Immigration Act to avoid further detention or prosecution. Please note that UNHCR might not be able to help during the initial 14-day remand period unless the authorities specifically ask for UNHCR to verify the identity of the arrested individual. 

During the remand period, the individual will be detained to allow the enforcement authority to conduct further investigations into the suspected offence. Depending on the outcome of the investigation, the individual may either be released or taken to court.  

UNHCR urges all refugees and asylum-seekers to abide by the law, and refrain from any conduct that may draw adverse attention from authorities or contribute to negative perceptions about refugees. 

Refugees and asylum-seekers who commit crimes in Malaysia will be punished according to Malaysian law. 

The refugee or asylum-seeker will go through police investigation, arrest, charge, and imprisonment, just like any other person.  

Please note that UNHCR does not provide legal assistance to refugees and asylum-seekers who commit offences in Malaysia that are not related to immigration matters.  

Reporting arrest and detention

1. To the arrest and detention hotline 

Call UNHCR arrest and detention hotline

+6012 630 5060 

English and Malay language only

Monday to Friday: 2PM to 6PM 
Saturday and Sunday (including UN public holidays): 8AM to 4PM 

2. UNHCR Malaysia Help site 

Fill in the online form to report arrest and detention.

Please do not report the arrest of the same individual(s) through multiple channels, as this can slow down UNHCR’s response. 

  • When there is an arrest or detention of asylum-seekers and refugees 
  • Make the report as soon as possible 

  • Details of the person arrested: Name, age, gender, UNHCR file number, country of origin, nationality, ethnicity, religion, any medical condition and all other vulnerabilities. 
  • Details of arrest/detention: Date of arrest, reason of arrest, place of arrest/detention, arresting authority (whether immigration, police or others), detainee’s number, any court details (date, nature of the charge, court location)
  • If you are reporting for someone else, please also include your name, UNHCR number (if any) and contact details.  

Provide updated details when it is available.

If you are stopped or arrested

  • Remain calm 
  • Cooperate politely with the officer 
  • Ask for the reason for your arrest 
  • Present your original UNHCR document to the arresting officer 
  • Notify UNHCR, family or friends as soon as you can* 

*Provide them with your UNHCR document or reference number, place of arrest, the police station involved and the contact, badge identification number of the relevant arresting officer if available, the date for court, etc. 

For more information on your rights when questioned by the authorities, please refer to the following video. 

How long does it take for UNHCR to facilitate a release from a detention centre? 

UNHCR takes immediate action when we receive a report of an arrest or detention, including advocating with the authorities against the arrest or detention of asylum-seekers and refugees. While UNHCR prioritises the release of vulnerable individuals, the decision to release any detainee rests entirely with Malaysian authorities. 

If you are brought to the Court

1Inform the Court 

If you have a UN document or have submitted a registration application, please inform the court. 

2Inform UNHCR

Immediately inform UNHCR that you are being taken to court and/or request permission from the judge to contact UNHCR, or your family/friends. 

3Ask for an interpreter

If you do not understand Bahasa Malaysia (Malay) or what is being said, ask for an interpreter by saying “UNHCR” and repeating it. Do not nod or shake your head, because this may seem like you understand what is being said. 

4Identify yourself

Tell the Judge that you are a refugee or asylum-seeker registered with UNHCR. 

5Ask for a lawyer

Inform the Judge that you require legal assistance. 

Reminders 

  • Bring your original UNHCR document wherever you go  
  • Remember your UNHCR document or reference number  
  • Make sure family or friends remember your UNHCR number  
  • Remember one or two contact numbers of your family or community leaders 
  • Make sure your family or friends know your location. 

Reporting a crime

There are two types of police reports: 

  1. You should make a “case report” if you only want to inform the police, but do not want the police to take further action against the person who committed the crime. 
  1. You should make an “action report” if you want the police to take further action, such as having the person who committed the crime investigated, arrested, and charged in court. 

Making a police report

  • Go to the nearest police station. All police stations are open 24 hours every day 
  • You can go with your family, friends, community leaders and translators if you do not speak English or Malay 
  • Bring your identification document (such as UNHCR card) and other documents relating to the incident. 

  • Introduce yourself and show your identity document to the police 
  • Inform the police of the type of police report that you wish to make (a case report or an action report). 
  • Explain to the police where the incident happened, when it happened, who is involved and what happened. 

  • You will be given a copy of the police report for free 
  • You and the individuals involved may be called for further interviews by the police officer 
  • You may need to attend Court as a witness if the authority decided to press charges against the perpetrator. 

More tips! 

  • It may be faster if you prepare a draft police report before going to the police station 
  • The draft report should be in English or Malay 
  • Save the report in a message or note on your phone, an empty pendrive or write it down on paper. Bring it to the police station. 

There are NGOs that provide legal assistance for gender-based violence and workplace/employment disputes. Kindly refer to the Gender-Based Violence and Livelihoods pages. 

Many refugees who arrive in Malaysia are unsure of their rights, especially with the complexities of not having a formal status. The good news is that refugees have certain rights under Malaysian law. 

Understanding those rights and responsibilities can be empowering and keep you informed, especially when at risk of exploitation, arrest, or even deportation. 

In improving refugees’ access to justice, UNHCR together with the Kuala Lumpur Legal Aid Centre, created a series of legal awareness videos to help you better understand your rights and responsibilities in Malaysia. These informative videos cover several important legal issues and address the frequently asked legal questions by refugees and asylum seekers in Malaysia. 

Watch the videos today and empower yourself! 

Stay informed, know your rights!

This video on civil law and general legal matters provides the basic understanding of getting into contracts, renting a house, dealing with road traffic accidents and more, to better equip yourself with basic legal understanding when dealing with such matters.

Ever wonder what your rights are if you’re questioned by the authorities? This video on criminal and immigration law covers the basics of criminal offences and immigration regulations in Malaysia. 

This video on family law offers insights into issues like registration of marriage, divorce, and child adoption. It also touches on the topic of domestic violence to raise awareness of the issue. 

While refugees and asylum seekers are not able to work formally in Malaysia, it is important to have an understanding of your workplace rights and obligations. This video on employment law explains how to ensure you’re not being discriminated against or exploited, and how to ensure you receive fair treatment by your employer. 

These Legal Awareness Videos are available in other languages on the Legal Awareness playlist at Refugee Malaysia YouTube Channel. 

If you need legal assistance, you can approach the nearest Legal Aid Centre in your area. These Legal Aid Centres are run by the Malaysian Bar to provide free legal advice, especially in cases involving: 

  • Criminal / Immigration 
  • Family matters 
  • Employment / Labour disputes 
  • Civil and General Matters 

The Legal Aid Centre will first assess your case and see if they are able to provide any assistance. If they can assign a lawyer to your case, you may need to pay a small processing fee. When visiting the centre, it will be helpful if you have the relevant documents, such as: 

  • Personal identification details (e.g. UNHCR card) 
  • Any documents related to your issue (e.g. police reports, court summons, agreements, etc) 

 Please refer to this list to find the nearest Legal Aid Centre in your area 

Have some questions?

For more information, please consult the Legal Protection Frequently Asked  Questions.

Please inform UNHCR immediately using the Arrest and Detention Report form or by calling the Arrest and Detention Hotline. 

Provide as much information as possible, such as the name and UNHCR file number of the individual(s), the expected date of deportation, the current place of detention, the current body number, whether flight tickets have been purchased, and whether the individual has agreed to leave the country.