The family of a 15-year-old Rohingya refugee, who has been detained by the authorities for about two months for not possessing any travel document, is seeking his release.

Their lawyers filed an application in the High Court in Shah Alam that his detention since Dec 11 be set aside, quashed or stayed as it was in contravention of the Child Act 2001 and Article 22 of Child Rights Convention, which protects refugees seeking asylum from being prosecuted.

The application was filed by the law firm Collin's Law Chambers.

The matter came up today before High Court judge Zulkifli Bakar, who fixed March 27 to hear the application.

The teenager was charged under Section 6(1) of the Immigration Act for not having in possession any valid travel documents in the vicinity of the Dato Abu Bakar Baginda police station in Sepang district on Dec 11.

DPP Lokman Kasim told the court that the prosecution would file an affidavit in reply to the application made by the family.

Speaking to reporters, lawyer Collin Arvind Andrew said the teenager had undergone psychological evaluation, which showed that he was traumatised by the detention.

“We filed the application for this reason as it was not proper for a child to be sent to prison before trial,” he said.

Collin, who appeared with lawyer Faridah Mohamad, told Justice Zulkifli that their application to secure bail for the boy was rejected last month.

They are now considering whether to appeal against the Sepang Magistrate's Court decision at the High Court.

Collin said this case will also seek to assess government's commitment to the Rohingya community.

Faridah added that although the boy is being detained in Kajang prison with other young offenders, he has complained of being malnourished.

“We have highlighted this to the Prison Department and they are looking into it."

Human rights commitment queried

Meanwhile, Suaram executive director Sevan Doraisamy, who was also present, strongly condemned the detention of the 15-year-old Rohingya refugee.

Sevan (photo) said the Rohingya refugees remained the most marginalised community in Malaysia.

“The legal vacuum in terms of rights and recognition created by the Malaysian government has contributed to the widespread exploitation of refugees in Malaysia and enabled the widespread trafficking activities that continue to plague the refugee community and Malaysians alike,” he said.

Pointing to the prosecution of the boy for not possessing travel documents, Sevan said this is another low in the persecution of refugees in Malaysia by the government.

He said the detention may affect the boy's development and growth after he was denied bail.

“Despite the vocal stance by Prime Minister Najib Abdul Razak on the Rohingya crisis, the protection of the Rohingya community in Malaysia remains non-existent.

“The hypocrisy shown by the Malaysian government in this regard clearly outlines the unconscionable attempt to politicise a humanitarian crisis,” Sevan said.

He added that Malaysia failed to fulfil their obligations under Article 22 of the UN Convention on the Rights of the Child, where the government was obliged to provide appropriate protection to child refugees.

Suaram's Amir Abd Hadi said there are 160,000 refugees from Myanmar, based on a 2015 figure.

“This accounts for 92 percent of the refugees in Malaysia,” Amir said.