(AFP) updated version

Captured Muslim leader Nur Misuari is seeking political asylum to avoid being sent back to the Philippines, the UN refugee agency said today.

UN High Commissioner for Refugees (UNHCR) spokesman Shinji Kubo said Misuari filed for asylum through his lawyer in Washington in late November.

"Misuari is asking for asylum so that he will not be returned to anywhere that will endanger his freedom and life," Kubo told AFP .

The Malaysian government has said it would not grant Misuari asylum, but suggested for the first time yesterday that it could grant him passage to a third country.

Kubo, who described Misuari's case as "sensitive", said the UNHCR would ask the Malaysian authorities for permission to interview him to confirm the asylum request and to evaluate whether he qualified for UN protection.

No hurry

Misuari was detained Nov 24 after he fled to Sabah after allegedly leading an armed revolt that left more than 100 people dead.

He faces rebellion and sedition charges in the Philippines, but Manila has made it clear that it is in no hurry to have the former governor of a Muslim self-rule area back home.

Malaysia, on the other hand, has said it wants to be rid of him as soon as possible, and hinted for the first time yesterday that Misuari may be sent to a third country if the Philippines was not ready to take him back.

"It is a possibility that we will discuss thoroughly," Deputy Prime Minister Abdullah Ahmad Badawi was quoted as saying by New Straits Times newspaper today.

Malaysia had previously said that it would not provide third country passage for Misuari and would deport him to the Philippines.

But the change in Malaysia's position seems to suggest it is running out of patience as the Philippines delays Misuari's deportation, making it clear that he is a wanted man that nobody really seems to want.

Manila's Justice Secretary Hernando Perez said today Philippines authorities were ready to take custody of Misuari next month.

'Wash their hands'

But a top Malaysian official said Malaysia hoped the Philippines would take back the rebel leader "as soon as possible."

"We do not want him to be here. There could be retaliations from his supporters against Malaysia," the official told AFP on condition of anonymity.

"As we look at it, the Philippines does not want to take responsibility. They just want to wash their hands," he said.

The official said Malaysia does not favour deporting Misuari to a third country as he could then indulge in activities that could threaten security in the southern Philippines.

"If he gets asylum in another country, he would be free to operate from outside and be involved in gun-running (for his suporters). Malaysia does not want that to happen," he added.

Muslim Malaysia in the past supported Misuari's Islamic separatist drive in the Philippines which ended with a peace agreement in 1996, but has made it clear it no longer backs him after the latest rebellion.

Misuari had been installed as governor of a Muslim autonomous area in the southern Philippines as part of the peace accord, and mounted the new rebellion when it became apparent he could lose the post in new elections.