71 Entry of Foreigners in Perlis State Person N informed the Commission that he did not receive any information with regard to foreigners’ movements from Thailand to Perlis State in Malaysia. He also informed the Commission that the Immigration Department only tracks the movement of foreigners and citizens at specific points-of-entry between Malaysia and Thailand. Points-of-entry between Malaysia and Thailand under the purview of the Immigration Department are located at the Immigration Office of Wang Kelian and the Immigration Complex in Padang Besar, Perlis State. Person N stated that information or complaints about “undocumented foreign migrants,” the case are referred to the Enforcement Division of the Immigration Department for review and further action. The Immigration Department then establishes whether there is a basis for further action, such as conducting a raid or making arrests. Person N also stated that the Perlis State Immigration Department has no specific responsibility to monitor and control the region of Wang Burma hill in Wang Kelian. He stated that he was unsure which agency is responsible for monitoring and controlling the region. Foreign Detainees in Wang Burma Hill, Wang Kelian, Perlis State In his statement to the Commission, Person N said that he was alerted to the discovery of the camp in Wang Burma hill in 2015 through media reports. He stated further that the 38 men arrested by the GOF were transferred to the Enforcement Unit in the Immigration Complex of Padang Besar in Perlis State together with a police report by the GOF. Person N informed the Commission that he had no further details about the location of the men detained by the GOF. Person N later elaborated to the Commission that the 38 “undocumented foreign migrants” were handed over to the Immigration Department and were detained in the lock up of the Immigration Department in the Perlis State Ministry of Home Affairs Complex in Kangar under Section 6(1)(c) of the Immigration Act due to their failure to provide valid travel documents to the authority. No one who provided a statement to the Commission acknowledged that survivors of human trafficking should not be charged with immigration-related offenses under Malaysian law. Person N stated that the Enforcement Unit of the Immigration Complex of Padang Besar in Perlis State conducted an investigation with regard to the 38 “undocumented foreign migrants.” However, he could not recall the identity of the Investigating Officer from the Immigration Department, and he only had details about the movements of the men in lock up from the lock up register in the Enforcement Unit at the Perlis State Ministry of Home Affairs Complex. Person N stated that according to the details from the lock up register, 29 out of 38 detainees were brought to the Court on January 28, 2015 and charged under Section 6(1)(c) of the Immigration Act 1959/63 (Amendment 2002) for failure to provide valid travel documents. The police transferred the remaining nine detainees to the Langkap Immigration Detention Center in Perak State because they were underage.241 Despite evidence of human trafficking, the authorities did not screen or treat any of the detainees as survivors of human trafficking in accordance with the Anti-Trafficking in Persons and AntiSmuggling of Migrants Act of 2007. 241 Person O in his statement stated that the child detainees were possibly transferred to the Immigration Detention Center in Langkap, Perak State on January 29, 2015.

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