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Family Overstay Issue

82 Views  ⚫  Asked 1 Month Ago
asked on Dec 5, 2021 at 17:10
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Hello Mr Jeff,

Good evening, I hope you are doing well...

First off, I would like to take a moment to appreciate your kind help and information that you and other fellow authors have provided in this forum, really appreciate it.

I am 17 years old. and I have overstayed( with my family) in Malaysia for quite a while now, due to the following reasons

1) Financial problems
2) Lack of embassy in country( although this is more of a passport problem)
3) civil unrest and violence in home country

It was very hard to surrender, because my parents can not guarantee that all of us can afford flight tickets to leave our war-torn country in search for a better place after repatriation by the Immigration, so basically, we were kind of waiting until the situation eases, but the problem is, the more we wait, the more the situation becomes more unbearable. 

About passport renewal, our country used to send us passports all the way from our country to Malaysia, but suddenly after some conflicts in 2015-2017, they told us that they cant do that anymore, and that we should go back to renew our passports in the future. Our passport is set to expire in march next year, so we have no other choice, but to leave the country, and go to our country, regardless of the worsening situations there, especially since the return recalibration program is still on. 

I wasn't aware of all this situation until recently, when I started realizing how being illegal is very restricting and especially challenging, for example, I applied to a University here in Malaysia, but was told that I should have a passport of at least 18 month validity( Mine is only 4 month), and if I go out to renew it, I am sure I will be banned, so we will end up just being stuck in our country.

So I was wondering if there is any way I can appeal against any possible BAN that we could encounter if we surrender.

Note: I am now planning to go to Immigration tomorrow (possibly alone), to ask them of any possible appeal.

Your concern is highly appreciated.
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1 Answers

answered on Dec 21, 2021 at 15:48
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Unfortunately immigration will have to detain you as an unlawful immigrant in Malaysia. You are better off going to one of the refugee centres in Malaysia and applying for refugee status. The main question is this. If you are a person in need of protection and if you will be harmed or faced persecution and even death if you return to where you came from.

From what you have expressed about your situation here you are possibly from Myanmar or Bangladesh. Both countries have extreme penalties imposed on unlawful migrants who have left their shores illegally.

In your situation depending on what ethnic group you are from, a quick of the UN refugee website will tell you if the particular group you belong to is classified as a threatened or persecuted minority in your country.

Let us know how you go.
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