Detention in Malaysia: Bangladeshi files case for RM 1.4 lakh compensation

A Bangladeshi migrant has sued the Malaysian immigration police demanding compensation of 1.4 lakh ringgit for two weeks of unlawful detention.

Moajjem Hossain, 30, filed the case with the Malaysian High Court on December 18, arguing that he had applied to the immigration department for legalisation under a rehiring programme.

Abdul Aziz Ismail, a taskforce member of Selangor Anti-Human Trafficking Council that helped Moajjem file the case, says it is unlawful if someone is detained when they have already applied for legalisation.

The migrant, working in Malaysia for the last three years, was charged with offences against Malaysia's immigration regulations and detained on October 1 from his workplace in Kuala Lumpur though his employer had produced documents proving his innocence.

Abdul Aziz told The Daily Star over phone that Moajjem's employer had written a letter to the police, requesting his release, but the law enforcers refused. He then helped Moajjem with a lawyer to pursue the case, which led to his release on October 15.

The lawyer filed the compensation case with the Malaysian High Court. It fixed January 15 for the defendant (police) to appear before the court and fix date for trial, according to Aziz.

The development came when several thousand Bangladeshis, among other nationals, in Malaysia were reportedly detained by the immigration police that began a massive crackdown on September 1 as a two-year-old rehiring programme ended on August 31 last year.

Many Bangladeshi migrants earlier told The Daily Star that they had paid hefty sums and applied to the immigration department for regularisation of their work status in vain.

According to Abdul Aziz, many migrant workers registered under the rehiring programme, have been detained though rights groups demanded a fresh chance for them, arguing that the rehiring programme launched by the previous government was faulty and riddled with corruption.

“They have been detained and arrested, but they have also paid an exorbitant amount to be legalised. Their status is hanging. They have no idea if they will be rehired.”

More than 700,000 signed up for the programme, but only slightly more than 110,000 were successfully registered by last August. The number of Bangladeshis, who were legalised, could not be known.

An undocumented foreign worker has to legally pay RM 1,134.52 to apply for registration. Aziz reckons that the total collection is more than RM 845 million.

He said it made no sense to declare someone as an illegal immigrant after taking money from him. “It's daylight robbery,” he commented.

He said it was wrong to punish foreign workers who overstayed when the fault lay with their employers.

“The employers are the ones responsible for the extension or renewal of their [workers] visas. So, why must the workers be punished for a crime they never committed?” Abdul Aziz questioned.

The objective of the case is to tell the government to stop arresting and detaining migrants who had registered under the rehiring programme.