Bangladeshi domestic laws and policies do not explicitly prohibit refoulement of asylum-seekers and refugees, but the country has shown a degree of practical adherence to the principle of non-refoulement influenced by international human rights obligations and humanitarian considerations despite not having any national legislation for the protection of refugees and asylum-seekers. In negotiating the potential repatriation of Rohingya refugees who had arrived after 2017 with Myanmar, the Government of Bangladesh remained committed to the principle of non-refoulement and pledged to return Rohingyas to Myanmar only after ensuring their safety, security, and fundamental human rights in the country.1

The Foreigners Act 1946 is the principal law governing the entry, stay, and movement of non-citizens within Bangladesh. Alongside this act, several other laws are relevant: The Foreigners Order 1951, The Registration of Foreigners Act 1939, The Bangladesh Passport Act 1920, and The Control of Entry Act 1952. These laws collectively apply to all foreigners in Bangladesh, irrespective of their purpose for being in the country. 

As per Section 3 of the Foreigners Act 1946, the Government can make provisions to regulate or restrict the entry, departure, or continued presence of foreigners into Bangladesh.2 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. Section 14 of the Foreigners Act permits the punishment of any person who contravenes the provisions of the Foreigners Act or of any order made thereunder.3 While the law does not have any specific reference to refugees or asylum-seekers, any refugee or asylum-seeker may be detained under this Act. The provisions of the Act do not indicate whether an individual who is seeking international protection will be exempted or not, though Section 10 of the Foreigners Act gives the Government the discretion to waive punishment of persons, potentially including refugees.4  

In the case of Refugee and Migratory Movements Research Unit (RMMRU) v. Government of Bangladesh (Writ Petition no. 10504 of 2016), Supreme Court, 31 May 2017, a Rohingya man was convicted in 2011 in the lower court for unlawful entry into Bangladesh under the Foreigners Act of 1946, four years after his arrest in 2007. Although the Trial Magistrate ruled that his time served in prison should be deducted from his five-year sentence, (meaning release in 2012), he remained imprisoned until 2017. The High Court in its decision observed that the “[Refugee] Convention by now has become a part of customary international law which is binding upon all the countries of the world, irrespective of whether a particular country has formally signed, acceded to or ratified the convention or not.” The High Court further remarked that detaining a Rohingya man beyond his prison term would violate Article 32 of the Constitution of Bangladesh, which guarantees every individual, including non-citizens, the right to life and liberty. The High Court also took note that return of a released Rohingya to Myanmar was not possible considering Bangladesh’s non-refoulement obligations and further ordered his immediate release to UNHCR custody. 

Without legislation or a national legal framework on asylum, there has been no systemized approach to the principle of non-refoulement. As conflict in Rakhine State, Myanmar escalated in late 2023, the officials of the Government of Bangladesh on several occasions announced about the ‘closed border’ strategy with Myanmar to prevent any new arrivals from entering Bangladesh in February 2024. Reports additionally suggest that since January 2024 to 5 May 2025, 10194 Myanmar individuals are reported to have faced pushback by the Border Guard Bangladesh as they fled the escalated conflict in Rakhine and sought safety in Bangladesh. 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. In addition, during the Syrian conflict in 2016, Bangladeshi authorities denied asylum to Syrian asylum-seekers at approached Hazrat Shahjalal International Airport. These Syrians were deported to Syria on the basis of immigration rules as they approached the airport without any visa.5

• 1

  Initial report submitted by Bangladesh under article 19 of the Convention [CAT/C/BGD/1], (2019), p.16

• 2

  Section 3 of the Foreigners Act, 1946 states, "The Government may by order make provisions, 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 on their presence or continued presence therein. 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; (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 –(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."

• 3

  Section 14 of the Foreigners Act, 1946 states, "If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if such person has entered into a bond in pursuance of clause (f) of sub section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid."

• 4

  Section 10 of the Foreigners Act, 1946 states, "The Government may by order declare that any or all of the provisions of this Act or the orders made thereunder shall not apply or shall apply only with such modifications or subject to such conditions as may be specified, to or in relation to any individual foreigner or any class or description of foreigner."

• 5

  UNHCR Submission on Bangladesh: 30th UPR session, May 2018. Geneva: United Nations High Commissioner for Refugees (UNHCR). p. 3