Malaysia became the biggest host for the refugees from Myanmar’s ethnic
minority in Asia and fourth in the world to flee persecution by Myanmar’s Junta
Military. Malaysia does not have a national administrative or statutory
framework governing refugee and does not distinguish refugees from
undocumented illegal migrants. On 23 February 2021, for no particular reason
the Department Immigration of Malaysia repatriated illegal Myanmar migrants
which included Myanmar ethnic minority refugees back to Myanmar where at the
same time a military coup reoccurred in Myanmar by Junta Military which
resulted in major human rights violation and many lives were lost. The purpose of
this legal research is to analyze and to find out whether Malaysia's policy towards
the repatriation of Myanmar refugees back to their home country (Myanmar) has
violated the application of the principle of non-refoulement as the key principle in
international refugee law. The method used by this legal research is judicial
normative where data is obtained from statutory regulations, United Nations
documents, books, journals, and the internet. The conclusion that can be drawn
from this legal research is that Malaysia's policy towards the repatriation of
Myanmar refugees to return to their home countries where they have wellfounded

fear of persecution is the violation of the principle of non-refoulement
which has become customary international law and jus cogens. By repatriating
refugees back to places where they have a well-founded fear of persecution by
Myanmar's Junta Military endangers the lives of those refugees.