Malaysian court upholds three-year detention of Rohingya man after prison term
A Johor Bahru High Court judge ruled that the continued detention of Rohingya inmate Hamid Dulup Kamal Ahmad at an immigration depot is lawful, despite it exceeding three years.
After serving a rape sentence at Kluang Prison, Rohingya national Hamid Dulup Kamal Ahmad was rearrested at the prison gate on 1 June 2023 and placed under immigration detention at the Pekan Nenas depot in Pontian. He filed a habeas corpus application arguing that his confinement, now over three years, had become unlawful. Judicial commissioner Abdul Fareed Abdul Gafoor dismissed the claim, stating that the Immigration Department had demonstrated the legality of the arrest, detention, and the removal order.
The court also clarified that Hamid’s ongoing UNHCR refugee registration does not automatically shield him from the Immigration Act, categorising him as a prohibited immigrant due to his prior conviction and lack of a free pardon. Lawyer Shaik Saleem Shaik Daud represented Hamid, while deputy public prosecutor Mohamad Amri Alfiqri appeared for the Immigration Department.
Why it matters
The ruling highlights Malaysia's strict immigration enforcement and limits on refugee protections for convicted individuals.
How this story developed
- Sep 28 Airstrike on Kyauktaw kills at least 33, injures dozens amid Myanmar conflict
- Sep 29 A government spokesperson did not immediately reply to inquiries about the strike.
- Oct 4 Three Myanmar Navy vessels docked in Thanlyin early Tuesday, bringing 1,476 migrants back from Malaysia, prompting fears about their fate in a conflict-ridden nation.
- Oct 6 Malaysia has invited Myanmar’s military leader Min Aung Hlaing to discuss the repatriation process.
- Oct 8 Myanmar's military chief Min Aung Hlaing arrived in Malaysia for talks on refugee returns.
- Oct 8 Myanmar agreed to cover the costs of repatriating its nationals from Malaysia.
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