KUALA LUMPUR – The Attorney-General’s Chambers (AGC) today raised an objection against the application for judicial review by two non-governmental organisations (NGOs) to challenge the Malaysian government’s decision to repatriate 1,200 Myanmar refugees back to their country.
Senior federal counsel Ahmad Hanir Hambaly said he informed the court that the objection was made on the grounds that Section 59A of the Immigration Act 1959 stipulates that there shall be no judicial review of any act or decision except in regard to non-compliance with any procedural requirement of the law.
“The applicants (NGOs) are also not parties affected by the decision of the respondent (the government) to send the Myanmar nationals back to their country of origin,” he said.
Today’s online proceedings were set for the hearing of the application for judicial review before high court judge Datuk Seri Mariana Yahya, who was also joined by senior federal counsels S. Narkunavathy and Mohd Sabri Othman, while the lawyers representing the applicants were Datuk Ambiga Sreenevasan and Datuk Dr Gurdial Singh.
Hanir said that the interim stay order, granted by the court to halt the deportation yesterday, has been extended pending the decision on March 9.
Yesterday, Mariana allowed the application by two NGOs for an interim stay to stop the Malaysian government from repatriating the Myanmar nationals.
The two NGOs, Asylum Access Berhad and Aimal Sdn Bhd, in the application on Monday, named the Malaysian government, Immigration director-general and the Home Ministry as respondents.
The applicants claim that there are concerns the group will be at risk if they are returned to military-ruled Myanmar.
In a statement yesterday, Immigration director-general Datuk Khairul Dzaimee Daud had said 1,086 illegal immigrants from Myanmar were detained at immigration depots nationwide since last year and were deported via the Lumut naval base. – Bernama, February 24, 2021
