Malaysia: Information on whether Malaysian authorities arrest and detain at the airport visitors who are leaving the country after having overstayed their visitors visas by two weeks
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 July 1994|
|Citation / Document Symbol||MYS17988.E|
|Cite as||Immigration and Refugee Board of Canada, Malaysia: Information on whether Malaysian authorities arrest and detain at the airport visitors who are leaving the country after having overstayed their visitors visas by two weeks, 1 July 1994, MYS17988.E, available at: http://www.refworld.org/docid/3ae6aab450.html [accessed 12 December 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Information on this specific subject could not be found among the sources currently available to the DIRB in Ottawa. However, you may find the following information of interest.
According to a representative of the High Commission for Malaysia in Ottawa, visitors to Malaysia who overstay their visas are in violation of Malaysian immigration rules (26 July 1994). Under these rules, visitors who overstayed their visas can be asked to leave the country, fined up to 1,000 Malaysian ringgits (approximately CDN500$) and/or arrested and sentenced to prison for a period not exceeding two weeks (ibid.). Visitors who are fined or imprisoned for overstaying their visa may be subject to deportation to their country of origin, the exact penalty being left to the discretion of the Malaysian authorities (ibid.). The representative added that under Malaysian law, a person who is arrested cannot be detained more than 24 hours without a court order and is entitled to a lawyer (ibid.).
Information provided by a British national who travelled to Malaysia in 1990 corroborates the information provided by the High Commission representative. The traveller told to the Sunday Times that when he tried to extend his visa, he was jailed for a night and fined 200 pounds for having overstayed his one-month visa by four days (4 Feb. 1990).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
High Commission for Malaysia, Ottawa. 26 July 1994. Telephone interview with representative.
The Sunday Times [London]. 4 February 1990. "Travellers' Tales." (NEXIS)
The Sunday Times [London]. 4 February 1990. "Travellers's Tales." (NEXIS)