Date of publication:
03/13/2025
Bangladesh
Do domestic laws and policies specify the grounds for immigration and displacement-related detention?
Assessment by population
Analysis
There is no specific law or policy that specify the grounds of detaining refugees for immigration related reasons.
As per the Bangladesh Passport Act of 1920, the Government may prohibit entry into Bangladesh of any person who does not have any passport as prescribed in Section 3 of the Act, and contravention of the rules made under this Section shall be punishable with imprisonment for a term which may extend to three months, or with a fine or with both.
In addition, as per Section 3 of the Foreigners Act of 1946, the Government can make provisions to regulate or restrict the entry, departure, or continued presence of foreigners into Bangladesh. The Section also describes that foreigners are required to enter or depart Bangladesh from certain points at given times, restricts them from certain areas, land, property, or movement, and upon conditions, may require them to provide proof of identity while they are in Bangladesh.
Related provisions of domestic law or policy
The Passport Act
- Year: 1920
- Type: Domestic law
- Rights Category: Liberty & security of person, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1920/en/101787
Legal provision
Power to make rules
.(1) The Government may make rules requiring that persons entering Bangladesh shall be in possession of passports, and for all matters ancillary or incidental to that purpose. (2) Without prejudice to the generality of the foregoing power such rules may- (a) prohibit the entry into Bangladesh or any part thereof of any person who has not in his possession a passport issued to him; (b) prescribe the authorities by whom passports must have been issued or renewed , and the conditions with which they must comply, for the purposes of this Act; and (c) provide for the exemption, either absolutely or on any condition, of any person or class of persons from any provision of such rules. (3) Rules made under this section may provide that any contravention thereof or of any order issued under the authority of any such rule shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both. (4) All rules made under this section shall be published in the official Gazette, and shall thereupon have effect as if enacted in this Act.
The Foreigners Act
- Year: 1946
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement, Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1946/en/18869#:~:text=(1)Any%20foreigner%20(hereinafter,conditions%20as%20to%20maintenance%2C%20discipline
Legal provision
Article 3 - Power to make orders
3. (1) The Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Bangladesh or their departure therefrom or their presence or continued presence therein. (2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner- (a) shall not enter Bangladesh, or shall enter Bangladesh only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed; (b) shall not depart from Bangladesh, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as my be prescribed; (c) shall not remain in Bangladesh or in any prescribed area therein; (d) shall remove himself to, and remain in, such area in Bangladesh as may be prescribed; (e) shall comply with such conditions as may be prescribed or specified- (i) requiring him to reside in a particular place; (ii) imposing any restrictions on his movements; (iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified; (iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified; (v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified; (vi) prohibiting him from association with persons of a prescribed or specified description; (vii) prohibiting him from engaging in activities of a prescribed or specified description; (viii) prohibiting him from using or possessing prescribed or specified articles; (ix) otherwise regulating his conduct in any such particular as may be prescribed or specified; (f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions; (g) shall be arrested and, in the interest of the security of Bangladesh, detained or confined: Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. (3) An order made under sub section (2) may make provision for such incidental and supplementary matters as may, in the opinion of the Government, be expedient or necessary for giving effect to the provisions of this Act.