KUALA LUMPUR – The ongoing case of an Iranian man facing deportation continues as the judge handling the habeas corpus case said today that his decision will be announced on August 24.
Mohammadhossein Samadi, an Iranian man married to a Malaysian, was detained by police on March 25 this year over a traffic violation and had already served his two-day sentence for the violation and paid the RM 10,000 fine.
He was then brought to a prison in Kuala Kubu Baru on March 27 and arrested by the Immigration Department under Section 35 of the Immigration Act 1959/63, which stipulates “power to arrest a person liable to removal”.
This allows authorities to hold him for a period not exceeding 30 days pending the Immigration director-general’s decision on whether to order for his removal from the country.
Mohammadhossein was then transferred to the detention facility in Sg Bakap, Penang, and then to the Bukit Jalil detention centre.
Family Frontiers, the group advocating for Mohammadhossein’s rights, said that he has already been in detention for over four months, and during that time, his wife and children, aged 5 and 7, have not seen their husband and father.
“His detention has already induced family separation, but the possible deportation would bring harsher consequences to their family unity,” they said in a statement today.
On May 6, Mohammadhossein was notified by authorities that his visa, which was valid until 17 November 2021, had been cancelled, and he was scheduled for deportation.
Today, the court heard the habeas corpus filed by Mohammadhossein’s lawyers, Alex Anton Netto, Kevin De Rozario, and Yap Boon Jhoe.
“We proceeded today with the habeas corpus hearing before judge Datuk Mohd Yazid Mustafa at the Shah Alam High Court. He has now reserved his decision for August 24, 2021,” Alex told The Vibes.
Deputy public prosecutor Mohd Suhairy Zakaria argued that Mohammadhossein is being held under Section 34 of the Immigration Act as a result of being confirmed for deportation.
Suhairy also argued that Mohammadhossein was deemed a “prohibited immigrant” as per Section 8(3)(d)(i) following his conviction for the traffic offence.
Mohammadhossein’s legal counsel argued that he had been arrested by Immigration before his visa had been revoked, which opposes the precedent established in Sajad Hussain Wani v Ketua Pengarah Imigresen Malaysia & Satu Lagi [2008] 2 CLJ 403.
“Family Frontiers hopes that the best interests of the children and the wellbeing of the family are taken into consideration.
“This forceful and wilful tearing apart of the familial structure will cause his wife and children to suffer long-lasting devastating psychological consequences, with a detrimental impact on their wellbeing and is a huge setback for Malaysian binational families,” said the lawyers. – The Vibes, August 5, 2021
