Date of publication:

01/07/2026

Bangladesh

Do domestic laws and policies prohibit the penalization of asylum-seekers and refugees for irregular entry or presence?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Domestic laws and policies in Bangladesh do not explicitly prohibit the penalization for irregular entry or presence of refugees, and throughout the years many Rohingya refugees have been penalized for their presence in areas outside the refugee camps in Cox’s Bazar in violation of the Government’s strict encampment policy.  

Section 3 of the Foreigners Act, also gives the Government of Bangladesh the express power to detain, confine, and imprison foreigners. Section 14 of the Foreigners Act stipulates that any violation of the Act would be considered a criminal offence and shall be subject to imprisonment for a term which may extend to five years and shall also be liable to fine. The provisions of the Act do not indicate whether a refugee will be exempted or not. Rather the Sections of the law grants law enforcement the authority to arrest a foreigner without specifying which provision of the Act has been breached or the reason for prosecution. Refugees or asylum-seekers who are not citizens of Bangladesh have been detained under this Act. According to the UNHCR Annual Result Report, 307 Rohingya refugees were detained under the Act in 2021 because of immigration restrictions or their lack of legal status.1 In 2022, the number of such arrests was reduced to 74 because of persistent advocacy and continuous communication between UNHCR, legal partners and law enforcement. UNHCR through its partners continued to follow up and intervene in cases where refugees were detained for illegal entry or stay. In 2024, partners provided legal support to 130 refugees, who were detained by police for movement outside camps without the authorization from the camp authority. 123 of them were released without charges upon legal interventions by partners. The remaining 7 were charged under the Foreigners Act and are being represented by legal partners on their charges before court. 

Furthermore, in accordance with Section 3 of the Bangladesh Passport Act of 1920, the Government has the authority to forbid anyone without a passport from entering Bangladesh. Any violation of the regulations established under this Section will result in a fine, a maximum sentence of three months in jail, or both.2 Section 3 of the Control of Entry Act, 1952,3 which requires Indian citizens visiting Bangladesh to have passports and visas, has been questionably applied. Under Section 4 of the Control of Entry Act, which stipulates penalties for violating Section 3 (up to one year imprisonment, a fine of up to BDT one thousand, or both), law enforcement officials detained Rohingya refugees who had refugee ID cards issued by the UNHCR Representation in India. In some cases, the courts corrected this misapplication by law enforcement agencies under the Control of Entry Act of, 1952, instead invoked the Foreigners Act, 1946 for irregular entry into Bangladesh.  

 

  • 1

    UNHCR Annual Result Report 2021, Bangladesh 

  • 2

    Section 3(3), The Passport Act, 1920

  • 3

    Section 3, The Control of Entry Act, 1952

    LAW & POLICY

    Related provisions of domestic law or policy

    The Control of Entry Act

    Legal provision

    Section 3: Control of entry

    No Indian citizen shall enter any part of Bangladesh unless he is in possession of a passport with a visa authorising the entry

    The Passport Act

    Legal provision

    Section 3: 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.