Malaysia Won’t Deport Rohingya If Risks Exist, Says Fahmi Fadzil and Anwar Ibrahim

Malaysia said Wednesday it will halt the proposed return of 5,000 Myanmar nationals if officials find that deportation could expose them to persecution or death. The plan remains under review by the Foreign Ministry and Home Ministry.

Communications Minister Fahmi Fadzil announced the condition on August 5, after rights groups warned that Myanmar is not currently safe for return. The group includes Rohingya refugees held in Malaysian immigration detention centers.

"Malaysia, as a responsible country, will not send the 5,000 Myanmar refugees back if they are likely to be persecuted or if their lives would be at risk. There are several matters that must first be examined during discussions with Myanmar's junta government before we proceed."

The statement followed Prime Minister Anwar Ibrahim’s July 29 announcement that Myanmar’s military government had agreed to receive the group. The prime minister said Malaysia could not return anyone whose life was threatened and that the Foreign Ministry was examining related issues.

The proposed transfer has not become an immediate deportation order. Authorities are identifying and screening people, then assessing whether individual returns could proceed under the government’s conditions.

Malaysia is screening detainees before any transfer

Home Minister Datuk Seri Saifuddin Nasution Ismail said July 30 that officials had identified 4,000 people in detention depots for screening. They would be moved to one facility rather than remaining across 19 depots, he said.

"The 4,000 identified in detention depots will undergo screening and be placed at one depot instead of being spread across 19 depots, to facilitate the process."

The broader plan covers about 5,000 Myanmar nationals. Officials are conducting checks under National Security Council Directive No. 23, using Refugee Registration Documents, police screening and Immigration Department reviews.

Malaysia began a domestic registration system in January 2026 called Dokumen Pendaftaran Pelarian, or DPP. The system replaced the UNHCR-led registration process. In July, the government temporarily halted new UNHCR refugee registrations while it shifted to the national system.

The detention system contains a much larger population. On June 30, 2026, Malaysia held 22,166 people in immigration detention centers, with Myanmar nationals making up approximately half.

Myanmar’s acceptance terms could narrow the group

Myanmar officials said August 6 that they would accept only “verified Myanmar citizens.” That condition creates a direct problem for the proposed return of people whose identity and legal status Myanmar disputes.

The military government does not recognize the Rohingya as citizens under Myanmar’s 1982 Citizenship Law. The citizenship question therefore sits alongside Malaysia’s screening process, rather than following it as a separate diplomatic detail.

Malaysia’s review is also unfolding against a large refugee population. More than 215,000 refugees and asylum seekers registered with UNHCR in Malaysia as of June 2026, including 126,000 ethnic Rohingya.

The proposed first group is much smaller than that population. It consists of people already caught in Malaysia’s detention and immigration systems.

Rights groups say Myanmar cannot provide a safe return

Human Rights Watch said August 3 that conditions for a safe, dignified and voluntary return do not exist in Myanmar. The group warned that people sent back could face persecution, arbitrary detention, forced conscription and other serious harm.

ASEAN Parliamentarians for Human Rights also urged Malaysia not to return refugees to the military government they fled. The organization described the proposed transfer as a refoulement risk because Myanmar remains a conflict zone controlled by the military that displaced them.

More than 100 people were detained in Penang in late July after authorities evicted them from informal settlements. Some people were briefly held after gathering outside the UNHCR office in Kuala Lumpur to seek protection.

Community-run schools serving the group in Penang and other states were also reportedly ordered to close in July. Officials cited safety concerns and complaints from local communities.

An online petition launched in May by Aku Anak Malaysia gathered more than 400,000 signatures calling for the deportation of all Rohingya refugees. The petition followed growing anti-refugee sentiment and domestic tensions surrounding the community.

Non-refoulement shapes the government’s stated limit

The proposed returns raise the international-law principle of non-refoulement. It generally bars a state from sending a person to a place where the person faces a real risk of persecution, torture or other serious harm.

Malaysia has not joined the 1951 Refugee Convention. Advocacy groups nevertheless argue that customary international law continues to constrain the government from returning people to serious danger.

The government’s stated policy is conditional rather than categorical. Officials say they will not proceed when screening finds a threat to life or a risk of persecution, while continuing to examine whether any returns can satisfy those conditions.

That approach leaves the outcome tied to case-by-case assessments, official findings and negotiations with Myanmar. It also puts the Foreign Ministry and Home Ministry in the position of determining what evidence demonstrates an unacceptable risk.

The proposal has widened Malaysia’s diplomatic debate

Former Foreign Minister Saifuddin Abdullah questioned whether the arrangement could signal a “normalization” of ties with Myanmar’s junta. Malaysia had previously criticized the military government for failing to implement the ASEAN Five-Point Consensus.

The return plan therefore carries a diplomatic issue beyond the detention process. Malaysia is negotiating with a government it has criticized while seeking assurances about people that government may not recognize as citizens.

The government added the safety-risk condition on August 5, allowing officials to slow the process for case-by-case reviews by Wisma Putra and the Home Ministry. Myanmar’s citizenship requirement, announced August 6, adds another unresolved test before any transfer can occur.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.