Asylum

Bangladesh is not a state party to the 1951 Refugee Convention or its 1967 Protocol and lacks national legislation on asylum. Its laws do not explicitly allow or prohibit refoulement but reference the principle of non-refoulement based on international obligations. There are no legal provisions granting asylum-seekers automatic access to the country, and illegal entry is penalized without specific exemptions for refugees. Despite this, Bangladesh has recognized prima facie refugee status to a defined group of Rohingya refugees who arrived in 1991-92 through executive decisions rather than asylum procedures established in law. The legal framework focuses on immigration control and does not formally recognize refugees as lawfully staying in the country. Bangladesh’s official approach to the nearly one million Rohingya who arrived in 2017 or subsequently is that their presence is temporary and based on humanitarian grounds and that they Forcibly Displaced Myanmar Nationals rather than refugees. 

Bangladesh’s legal framework governing foreigners is primarily based on the Foreigners Act, 1946, which regulates their entry, stay, and departure. Other relevant laws include the Foreigners Order 1951, The Registration of Foreigners Act 1939, The Bangladesh Passport Act 1920, and The Control of Entry Act 1952. These laws apply to all foreigners without specific provisions for asylum-seekers or refugees. The Foreigners Act, 1946, allows the government to impose restrictions on foreigners on entry without any travel document, and imposes punishment for violations. The Extradition Act, 1974, provides protection against removal if a person faces persecution based on race, religion, nationality, or political opinion. The Registration of Foreigners Act, 1939, penalizes unregistered foreigners with fines or imprisonment. In 2017, in the case of Refugee and Migratory Movements Research Unit (RMMRU) v. Government of Bangladesh, the Bangladesh Supreme Court recognized the 1951 Refugee Convention as part of customary international law, making its principles binding globally. 

Bangladesh recognizes only Rohingyas who arrived in the 1990s and their families as "refugees" following joint registration with UNHCR. Those arriving in later influxes, including the August 2017 crisis, were registered under the 2018 UNHCR-Government of Bangladesh MoU but are officially identified as Forcibly Displaced Myanmar Nationals (FDMN) rather than refugees. While Bangladesh does not legally recognize refugee status, Rohingya documentation allows access to protection services and aid within camps. A small number of non-Rohingya refugees and asylum-seekers also reside in urban areas. With no legal framework for asylum, Bangladesh lacks provisions for subsidiary or temporary protections and minimum treatment standards for mass refugee arrivals. Despite this, Bangladesh has provided reception facilities and allocated 26 square kilometers of forest land for Rohingya refugees, as permitted under the Forest Act of 1927. 

Rohingya refugees in Bangladesh have faced arrests under various laws for illegal entry, unauthorized movement, and possession of fraudulent documents. In 2021, 307 refugees were arrested under the 1946 Foreigners Act, including 130 for residing outside camps. Others faced charges under the Control of Entry Act (1952) and Passport Act (1920) for possessing fake Bangladeshi IDs. Due to UNHCR’s advocacy, arrests dropped to 74 in 2022. In 2024, legal partners provided support to 130 detained refugees; 123 were released without charges, while 7 remain charged under the Foreigners Act and are receiving legal representation. UNHCR continues to intervene in such cases to protect refugee rights. 

Without a legal framework on asylum, Bangladesh lacks a systemized approach to non-refoulement. As conflict in Rakhine State, Myanmar escalated in late 2023, the Bangladeshi government adopted a "closed border" policy to prevent new arrivals. By February 2024, officials reaffirmed this stance, and between January 2024 and 4 May 2025, reports indicate that 10,194 Myanmar individuals were pushed back by Border Guard Bangladesh (BGB) while attempting to seek refuge from the conflict. 2,516 of these refoulement-related incidents occurred in 2025, making up almost a quarter (24 per cent) of all such incidents since January 2024. However, despite the pushbacks, the country allowed more than one hundred thousand Rohingyas to come into Bangladesh as humanitarian exemption.