RISE eX-detainees in Australia calls on the Malaysian government to immediately provide adequate services to stateless, displaced Rohingya refugees in Malaysia and cease any current or future deportation plans. Rohingyas who have settled in Australia are writing to offer practical short- and long-term recommendations that will support Rohingyas seeking refugee status and protection in Malaysia.
The Arakan (Rakhine) state, the place Rohingya people came from, is currently under the control of the most powerful Rakhine militant Arakan Army (AA) and fighting between AA and Myanmar military is intensifying day by day for territorial control. About 1.2 million Rohingya refugees are still languishing in Bangladesh refugee camps. Both the Arakan Army (AA) and Myanmar government are blaming each other and making sure Rohingyas never return home. The rest of about 300,000 to 400,000 Rohingyas who are confined inside Arakan state too are facing various forms of violence including forceful conscription by both parties, therefore they are continuously fleeing to neighbouring countries.
Rohingyas are one of the most persecuted people on earth. It is not safe for Rohingya refugees to return to Myanmar. This situation has been confirmed by Rohingya rights activists as well as international human rights groups, including our RISE members on the ground.
While we understand the complex situation that the Malaysian government is facing, we also believe that creating a safe environment for Rohingya refugees in Malaysia will benefit all. Rohingyas becoming refugees is not by choice. Becoming a refugee is the last desperate choice of displaced people who are otherwise empty-handed, stateless and unprotected.
Despite not being a signatory to the UN Refugee Convention, the Malaysian government allowing Rohingyas to shelter temporarily in Malaysia is commendable, but RISE eX-detainees calls on Malaysian immigration to treat Rohingyas with dignity and respect. These are people seeking asylum who are faced with no other choice, and should not be treated as “illegals” and face further persecution and poor treatment in Malaysia. We are also worried that Rohingyas are currently surrounded by Rohingya-phobic sentiment from fringe groups.
Malaysia’s obligations under customary international law, particularly the principle of non-refoulement, together with its Federal Constitution (especially Articles 5 and 8), the Immigration Act 1959/63, the Convention on the Rights of the Child (CRC) where children are involved, CEDAW where women and girls are concerned, and its obligations under the Genocide Convention, must be taken into account before any Rohingya person is deported to Myanmar; in particular, the Federal Court’s 2025 decision in Noor Kayes Hashim Ullah v. Timbalan Menteri Dalam Negeri confirmed that authorities must properly consider a UNHCR refugee designation, the risk of serious human rights violations upon return, vulnerability such as minority status, and the proportionality and legality of immigration detention, while Malaysia’s international obligations should be interpreted consistently with these protections.
Our Recommendations for Stateless Rohingya Refugees in Malaysia
- Immediate registration of all Rohingya refugees temporarily living in Malaysia with the UNHCR.
- Malaysian awareness program (legal, policies, health, education, living conditions, and Community inclusion
- Providing shelter to those who are unable to access adequate housing.
- Granting access to education and healthcare
- Providing work and driving permits
- Seeking global funding to support and maintain healthcare services
- Short- and long-term resettlement planning to third countries, regional and international corporations
- Cease involuntary deportation
- Strengthening educational initiatives for local communities to raise awareness of the situation of Rohingya refugees.
The above recommendations were compiled by Rohingya refugees who are RISE members based in Australia with direct knowledge and experience about what will help Rohingyas. Some of the above recommendations may already be in place, but a more coordinated approach and strategic pathway could help organise and implement them more effectively. Rohingya refugees from RISE eX-detainees in Australia are ready to offer practical solutions if needed, and are prepared to come to Malaysia to assist with implementation if called upon to do so.
Together we should find a solution and a safe passage for stateless Rohingya refugees in light of the challenging circumstances and the horrific situation in Myanmar. One possible solution is via Malaysia, and again we hope that this can set the standard for other countries.
RISE eX-detainees
About RISE eX-detainees
RISE eX-detainees is a registered not-for-profit organisation governed and led by eX-detainees based in Naarm (Melbourne). Our main focus at RISE eX-detainees is to advocate for the abolition of Australia’s cruel Refugee policies including mandatory detention and as well as global policies that adversely impact on our members.
- ICJ—Rohingya genocide proceedings against Myanmar. https://www.icj-cij.org/case/178
- Federal Constitution of Malaysia https://www.refworld.org/sites/default/files/2025-06/my063en.pdf
- Federal Court decision, Noor Kayes Hashim Ullah https://www.refworld.org/sites/default/files/2025-04/broad_grounds_noor_kayes_9.04.2025.pdf
- Convention on the Rights of the Child https://www.ohchr.org/sites/default/files/Documents/ProfessionalInterest/crc.pdf