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p-Index From 2020 - 2025
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All Journal Padjadjaran Journal of International Law
Nursasmita, M. Akbar
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Law, Crime, Criminology & Criminal Justice

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How Could Deportation become Illegal Deportation? (The Case of Deportation of Myanmar Nationals by Malaysia) Susanto, Fransiska A.; Majid, Yasniar Rachmawati; Ikaningtyas; Nursasmita, M. Akbar
Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v7i2.1370

Abstract

February 2022; Malaysia deported more than 1000 undocumented migrants from Myanmar back to Myanmar, even though a coup d’état had already occurred in Myanmar. This paper will explore the nexus between coup d’état and well-founded fear of persecution and assess the decision by Malaysia to deport Myanmar immigrants back to Myanmar with the nonrefoulement principle. This paper's findings showed a clear nexus between a coup d’état and well-founded fear of persecution to some extent; the nexus appears when the Coup creates uncertainty in citizen's live and people in a dangerous situation. Consequently, the deportation decision by Malaysia violated the non-refoulment principle, and the deportation became illegal. This paper utilized the normative method to analyze the research problem.
Co-Authors Ikaningtyas Majid, Yasniar Rachmawati Susanto, Fransiska A.