I M M I G R ATIO N L AW, L EG AL STAT US, AND D O C U MENTATI O N P ROTECTIO N N OT ES Article 3 of the Order establishes that no person shall depart or attempt to depart from Bangladesh without a valid passport, which is made an offence when read with Section 11, punishable by up to six months’ imprisonment or a fine of up to 2,000 taka, or both. However, under Article 15 of the Passport Order, the GoB has the discretion to issue a passport or travel document to persons who are not citizens of Bangladesh, if it is of the opinion that it is necessary to do so in the public interest. Given the widely recognized conditions in which they were forced to flee Myanmar, the Government should consider establishing criteria for granting travel documents to Rohingya, rather than applying punitive measures against them for attempting to depart from Bangladesh without valid travel documents. Foreigners Order, 1951 S UMMARY Provides the Government with authority to grant or refuse entry to foreigners into Bangladesh. The Foreigners Order was promulgated under the authority granted to the Government by Section 3 of the Foreigners Act. AP PL ICAB IL IT Y TO RO H I NGYA This Order applies to any foreigner in Bangladesh; therefore Rohingya in Bangladesh are covered by this Order. Section 10 prohibits foreigners’ engagement in occupations specified by the Government without the written permission of the civil authority. Under Section 11, the civil authority may impose restrictions on the place of residence and the movements of foreigners by issuing written orders. P ROTECTIO N N OT ES Given the discretionary authority exercised by the Government under Section 10 of the Foreigners Act to exempt Rohingya from unlawful entry and any or all provisions of the Foreigners Act and orders issued thereunder, no Rohingya should be refused entry into Bangladesh from Myanmar, nor be punished for entry. Registration of Foreigners Act, 1939; and Rules, 1966 S UMMARY Provides the Government with the authority to issue Rules requiring registration of foreigners entering, exiting, and/or residing in Bangladesh. The Rules define the procedures relevant to the registration of foreigners, pursuant to the aforementioned Act. This includes the requirement for any foreigner to report their presence to a prescribed authority, upon entry and following any transit, and for any foreigner about to leave Bangladesh to report their date of intended departure, and to provide proof of identity. 16 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH