Activist’s juidicial review bid against Immigration Dept dismissed

KUALA LUMPUR: The High Court yesterday dismissed an application by an activist for leave for judicial review of an Immigration Department order barring him from leaving the country last December.

Senior federal counsel Shamsul Bolhassan who represented the three respondents in the case, told reporters that the immigration order could not be reviewed, under Section 59A of the Immigration Act 1959.

“Except if the proper procedure had not been followed,” he said.

Hishamuddin Md Rais filed the application last March 3, naming the Malaysian Immigration Department director, Home Ministry and Malaysian Government as respondents.

He was seeking a declaration that the travel restriction imposed on him on Dec 3, 2015 had violated his rights according to Article 9 of the Federal Constitution, and was null and void and unconstitutional.

Counsel N.Surendran who represented Hishamuddin said he would file an appeal against the decision made in chambers by justice Datuk Hanipah Fakrikullah.

The applicant was also seeking a certiorari order to terminate the travel restriction which was imposed on him verbally by an immigration officer.

Hishamuddin also wanted a mandamus order to compel the Immigration director-general to allow him to travel abroad unrestricted.

In his affidavit-in-support, he said he was at Kuala Lumpur International Airport for a flight to South Korea when he was restrained by Immigration officers at the gate despite having a valid passport and air ticket.

The activist said although he had previously been charged for sedition, he had never been restricted or prevented by any party from travelling outside the country except on that particular day. - Bernama