Although the Federal Constitution guarantees every citizen the right to move freely throughout Malaysia, it allows for restrictions for entry into Sabah and Sarawak.

Worse, no reasons are given for the decision to deny entry. As was the case when lawyer Ambiga Sreenevasan applied some years ago to enter Sabah for an ostensibly political forum alongside a leading state opposition figure and others. Just a bald bold statement by the authorities denying entry.

This is clearly unconstitutional. And for an additional reason too. The Federal Constitution guarantees the right to equality of treatment. Like cases must be treated in the same way. Else there is discrimination – which the Constitution forbids.

There are other critically serious flaws in the Immigration Act, with regard to the power of the immigration authorities generally.

It says that the immigration and the state authorities do not need to give the person denied the right to be heard. But, says the Act, this is confined to before a decision is made. There is no exclusion of the right after a decision is made.

Yet the authorities give no grounds at all – preventing an aggrieved citizen to apprise the authorities as to why the decision should be reversed.

And then there is an insidious provision which says that the courts are precluded from reviewing the decision – except for procedural impropriety.

(Is not the refusal to give grounds which prevent the citizen making representations to the authority one such procedural impropriety?)

The cumulative effect of these provisions is to give the immigration and state authorities unfettered and absolute powers.