Seeking asylum is a fundamental human right for those fleeing persecution, conflict, and violence. However, navigating the asylum process can be challenging, particularly in countries without a formal legal framework for refugees.
This guide provides practical information for people seeking asylum in Malaysia. It outlines the steps to apply for asylum, explain basic rights and protections, and highlight key resources available. Understanding these processes is crucial to staying safe, making informed decisions, and accessing necessary support.
An overview of the asylum process in Malaysia
Asylum in Malaysia
Malaysia is not a signatory to the 1951 Refugee Convention and the 1967 Protocol, and does not have domestic laws that provide legal status to individuals seeking asylum. As a result, people seeking asylum must rely on the Office of the United Nations High Commissioner for Refugees (UNHCR) in Malaysia for documentation and support. The UNHCR is the only authoritative body in Malaysia mandated to assess and process asylum claims and grant refugee status to eligible individuals.
- First steps upon arrival
The first step in the asylum process is registration. Persons seeking asylum (also known as “applicants”) must first apply for registration with UNHCR online via the Refugee Malaysia website.
Important note: UNHCR does not allow in-person applications or accept walk-in queries at their office without appointment.
Upon submission of the form, you will receive a unique reference number indicating your application has been received by UNHCR.
Important note: an application for registration is not considered registration with UNHCR. You must keep a copy of your online registration request for future reference.
- Registration Interview
After applying for registration, you will then need to wait to be contacted by UNHCR for a registration interview. When your application for registration is processed, UNHCR will contact you with an interview date and information on who can accompany you, as well as what documents you will need to bring with you. UNHCR will also send a confirmation SMS of your appointment details to your phone number.
Important note: please keep your contact details up to date in order for UNHCR to contact you. If you have lost or changed your phone number, please update it on the website using the reference number from your online registration request.
There is no fixed timeline for a registration interview with UNHCR. Due to the large number of individuals applying for registration, the waiting period for a registration interview is typically long and may take years.
Important note: should you face a situation that requires you to have a faster registration interview that is urgent or an emergency, you may reach out to UNHCR’s partner organisations or community-based organisations for assistance.
On the day of the registration interview
- Before your interview, you should gather and organise your documents. These may include:
- Identity documents such as passports, national identity documents, birth certificates and other personal documents;
- Documents relating to marital status (eg. marriage or divorce certificate), countries or places of previous residence, family composition, health and specific needs (eg. medical reports) or any previous registration with UNHCR; and
- Documents that support your refugee application, if any.
- Important note: If you do not have the above documents, you may provide an explanation to UNHCR during your interview.
- You will need to show the appointment confirmation SMS to UNHCR Staff at the UNHCR Reception Centre to be allowed entry.
- It is best to arrive 30 minutes earlier than your appointment time, and to carry your own water, food or snacks, and essential medication.
At the interview, a UNHCR officer will record basic information about yourself, your family and capture your biometrics. You may also be asked to explain why you fled your home country and why you cannot return. It is important to answer clearly and truthfully, as incorrect or incomplete information may cause delays or be detrimental to your case.
After your registration appointment, you will be issued a document from UNHCR confirming that you are a registered asylum-seeker under UNHCR’s protection.
- Refugee Status Determination
Refugee Status Determination or RSD is the process by which the decision-making authority determines whether a person seeking asylum is a refugee under the applicable laws. In Malaysia, RSD is conducted by UNHCR under the international law framework.
There is no fixed timeline for an RSD interview with the UNHCR. Due to the large number of applications, UNHCR prioritises applications based on need and not time spent in Malaysia, date of registration with UNHCR or details such as your nationality, religion or ethnicity. When you are scheduled for an RSD interview, UNHCR will contact you to confirm the date and time of the appointment. Similar to the process for registration, UNHCR will also send you a confirmation SMS of your appointment details to your phone number.
If you have been scheduled for a RSD interview and have any questions or concerns about what to expect, you can contact Asylum Access Malaysia (AAM) for pre-interview counselling support.
If your application for refugee status is rejected by UNHCR, AAM can also advise you on submitting an appeal.
Rights of people seeking asylum
While Malaysia does not have formal legal protections for persons seeking asylum, there are certain rights and safeguards in place:
- Protection from deportation: Malaysia generally adheres to the principle of non-refoulement, meaning asylum seekers should not be forcibly returned to a country where they may face persecution. However, due to the lack of legal recognition, asylum seekers who do not have UNHCR documents face risks of arrest and detention.
- Throughout the UNHCR process, the following rights apply:
- To have access to an interpreter to facilitate your communication with UNHCR;
- To have UNHCR arrange, as far as possible, for an interviewing officer and interpreter of your preferred gender;
- Confidentiality of information and evidence submitted;
- Access to legal advice/representation, where needed.
- Access to basic services:
- Healthcare: Individuals with UNHCR documents can access subsidised healthcare through UNHCR’s partner clinics and certain hospitals.
- Education: While refugee and asylum-seeking children are not allowed to attend Malaysian public schools, informal and alternative learning centres exist.
- Employment: Asylum seekers and refugees are not legally allowed to work, leading many to seek jobs in the informal sector. In some cases, asylum seekers and refugees may experience wage theft, unsafe working conditions, or abuse. You can seek support from NGOs such as AAM if you encounter these issues.
Support networks and key organisations
UNHCR is the primary agency responsible for registration and protection of asylum-seekers and refugees. They are supported by their partner organisations as well as independent organisations. Organisations like Tenaganita provide humanitarian aid and socio-legal services for women and girls, while organisations like MERCY Malaysia provide healthcare services. Many community-based organisations can also help advocate for you and provide support services.
- Shelter: Since Malaysia does not have formal refugee camps, asylum seekers and refugees typically find their own accommodation. Some religious institutions, charities, CBOs and NGOs provide temporary housing for asylum seekers and refugees who need assistance.
- Food assistance: Organisations like Free Food Society and local refugee-led groups distribute food and basic supplies.
- Medical care: UNHCR and partner organisations offer healthcare services to registered asylum seekers. Registered asylum seekers or refugees can purchase health insurance under UNHCR’s REMEDI programme.
- Protection against frauds and scams: Unscrupulous individuals or groups may offer fraudulent services claiming to speed up your UNHCR application, offer protection support or provide other workarounds for a fee. Always verify the legitimacy of demands for payment. Please remember that UNHCR does not charge asylum seekers or refugees for its services.
About Asylum Access Malaysia’s services
Since 2014, Asylum Access Malaysia has provided legal empowerment programming to support forcibly displaced people in Malaysia in navigating the UNHCR process, exercising their rights, increasing access to justice, and expanding the refugee protection space. This is carried out through individualised legal assistance, community outreach and engagement, as well as advocacy initiatives alongside refugee-led movements to promote meaningful system change in the environment that is truly sustainable.
If you require any further assistance or information, please do not hesitate to reach out to us.
- Email: malaysia@asylumaccess.org
- Helpline: +60122245439 (messages only)