I M M I G R ATIO N L AW, L EG AL STAT US, AND D O C U MENTATI O N AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to any foreigner in Bangladesh (defined as “a person who is not a citizen of Bangladesh”) and therefore Rohingya in Bangladesh are covered by this Act. P ROTECTIO N N OT ES Rohingya in Bangladesh have been registered by UNHCR and have received registration ID cards (known as “smart cards”) bearing an official logo of the GoB. Rohingya should therefore be understood to have complied with any and all legal requirements for foreigners to register with authorities, even though there is no reference to UNHCR registration in Bangladesh’s national law. Such ID cards should be accepted as documentary proof of legal identity. Given the discretionary authority available under Section 6 of this Act, Rohingya should be exempted from the application of any punitive measures under the 1939 Act or the 1966 Rules. In the event that new registration rules or a new registration scheme is introduced, individual rights must be respected in accordance with international and constitutional standards. Registration of Foreigners Exemption Order, 1966 S UMMARY Exempts certain foreigners from the obligation to register (that is, exempts them from the operation of the Registration of Foreigners Rules, 1966). AP PL ICAB IL IT Y TO RO H I NGYA This Order applies to specific stated categories of foreigners, including “persons under the age of sixteen.” Therefore, Rohingya under the age of 16 in Bangladesh are covered by this Order. P ROTECTIO N N OT ES Given the existing implementation of a registration scheme in cooperation with UNHCR,17 Rohingya should be considered in compliance with registration rules for foreigners, and therefore no special exemption should be considered necessary. Foreigners Parolee Order, 1965 S UMMARY Provides for restrictions on foreigners who are declared as “parolees” and interned at parolee centres. AP PL ICAB IL IT Y TO RO H I NGYA This Order only applies to “parolees.” As Rohingya have not been categorized as “parolees,” they are not covered by this Order. A “parolee” is defined as “any foreigner in respect of whom there is in force an order under clause [3.2.e of the 17 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH