UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
have identified groups of stateless children (who were actually migrant
children) in Sabah, as follows:
a. Children born to migrant parents of Filipino origin (they did
not hold a Malaysian identity card or a Filipino passport) who
were without any proper documentation. These migrant parents
either refuse or withhold their Filipino passport or came to
Sabah illegally (Lumayag, 2016. pp.198-199 & Allerton, 2014.
p.4).
b. Children who belonged to second-generation immigrants
whose parents originally held an IMM 137 visa and claimed
refugee status were often a common problem in Sabah because
their parents did not renew their visitor pass card. The IMM13
visa is a visitor pass issued by the Department of Immigration,
Malaysia according to Regulation 11, Immigration Regulations
1963 (Peruntukan Peraturan 11 Peraturan-Peraturan
Imigresen 1963) (Afzan Abd Kahar, 2012). The research
findings of Lumayag (2016, p.198) and Allerton (2014, p.4)
established that many immigrants upon acquiring the IMM 13
status deemed it as permanent. Therefore, they did not bother
to renew it. The children born of parents who were either
of Indonesian or Filipino descendants and had the IMM13
‘refugee’ cards would remain in Sabah or wilfully stay on in
Sabah.
c. Children who were undocumented and were left behind in
Sabah when their parents (migrants without documentation or
travel documents) were repatriated to the southern Philippines,
often remained stateless. Some parents feared authorities would
leave their children unattended, without a guardian or proper
custody during frequent raids. In some instances, undocumented
stateless children did not go to schools as they worked in the
fish cage farming industry in Sandakan. In instances when they
were arrested by the Sandakan police and sent to prison before
their deportation, the parents were left with no choice but to
bring along their children to the prison. After the deportation of
their parents, most of the children would return to work to earn
7
The IMM13 is a document issued by the Ministry of Home Affairs, Malaysia to
the Filipino refugees (and illegal immigrants) who have a special permission to
stay in Malaysia according to the terms and conditions laid out by the Ministry.
352
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