Rohingya man fails in bid for release from immigration detention
KUALA LUMPUR: A Rohingya man previously convicted of rape has failed in his bid to secure release from immigration detention, where he has been held for more than three years after completing his prison sentence.
In Malaysia, a Rohingya man convicted of rape and an immigration offense continues to be held in immigration detention, despite being released from prison three years ago. The Johor Bahru High Court dismissed Hamid Dulup Kamal Ahmad's habeas corpus application to free him from the Pekan Nenas Immigration Depot in Pontian, ruling that his detention was lawful.
The court expressed concern over the length of his detention, but ultimately found that his continued detention was permissible. Hamid, who was previously convicted of rape under Section 376 of the Penal Code and an immigration offense under Section 6(1)(c) of the Immigration Act, was rearrested at the prison gate on June 1, 2023, after completing his prison sentence.
The Immigration Department issued removal and detention orders, and he has been held at the depot since then, awaiting deportation. Despite filing a habeas corpus application, the court rejected his arguments that his detention had become unlawful due to its duration. Hamid's refugee status, as he is awaiting registration with the United Nations High Commissioner for Refugees, does not exempt him from Malaysian immigration laws.
He is classified as a prohibited immigrant under Section 8(3)(d) of the Immigration Act, having been convicted and imprisoned, not pardoned, and deemed undesirable by the Immigration director-general.
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