KUALA LUMPUR – Nigerian Simon Adavize Momoh, who is married to a Malaysian, can now breathe a huge sigh of relief after his year-long battle with the Malaysian authorities over his deportation order ended in his favour.
This is following the Shah Alam High Court’s decision this morning to allow Momoh’s judicial review against the Immigration Department’s order to detain and deport him for drink driving.
Judge Shahnaz Sulaiman also quashed the department’s revocation of his spousal visa and visit pass, ultimately meaning that he would now be able to stay on in Malaysia with his wife Low Kar Hui, and their two children aged nine and six.
The couple reportedly embraced each other in tears in the public gallery following the verdict.
In delivering her judgement, Shahnaz said the court was satisfied there were merits to Momoh’s judicial review application, adding that the Immigration Department has no power to revoke the Nigerian’s visa for committing an offence under the Road Transport Act.
She noted that the revocation can only be done if a non-national committed an offence under Section 56 of the Immigration Act.
Momoh was arrested on March 15 last year at a roadblock in Cheras on suspicion of drink driving and was sentenced to one day in jail and RM12,000 fined.
He pleaded guilty to the charge, paid the fine and served his jail sentence.
However, instead of being released the following day, Momoh was subsequently detained under Section 35 of the Immigration Act – which allows individuals to be held for a period not exceeding 30 days – and was transferred to a depot.
On April 23, 2021, Momoh was ordered to be released by the high court following his successful habeas corpus application, but still faced the possibility of deportation prior to today’s decision.
High court judge Ab Karim Ad Rahman found then that the Immigration Department had failed to comply with procedures in its actions against Momoh. – The Vibes, June 2, 2022
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