1,086 individuals sent back to Myanmmar — despite the court’s stay order , and I was waiting to see what the High Court would say/do on 9/3/2021? Remember, on 24/2/2021, it said court will decide what to do, after dealing with the LEAVE application..
'New confirmed that the issue of the Malaysian government’s deportation of the 1,086 individuals — despite the court’s stay order yesterday — was raised in the hearing today, but said the High Court will first decide on the application for leave for judicial review before deciding whether to ask for an explanation on the deportation move yesterday...' Malay Mail, 24/2/2021
Sadly, reading several media reports, I see no mention about this - Is this issue forgotten? Are we saying that it is not wrong for government(including Immigration Department) to act disregarding an existing court order?
Media reports focus on the fact that Court granted LEAVE to proceed with a Judicial Review...did the Court also decide to commence contempt proceedings.
VERY IMPORTANT ISSUE here, since there was also no apparent apology, WHETHER GOVERNMENT MUST OBEY COURT ORDERS, or whether the government free to ignore court orders? [Remember that migrant workers had before commenced contempt proceedings against the DG of Immigration, and was successful - an acknowledgment of mistake, granting of extra rights to the migrants and cost] - Time again, for a reminder to government that they must obey court orders IF NOT, why waste time going to courts and applying for orders????
See earlier related posts:-
Did PM of DG Immigration even APOLOGIZE or 'justify' why Court Order ignored? Government goes against Court Order? What is the Judiciary's response?
Contempt of Court against DG of Immigration for deporting migrants despite court order? Recalling the 2001 contempt action against DG Immigration?
Myanmar refugees: Two NGOs obtain leave to proceed with legal action
.JPG "Myanmar migrants to be deported from Malaysia are seen inside an immigration truck, in Lumut February 23, 2021. On February 22, the two NGOs filed a judicial review for an order to overturn the government’s decision to deport the refugees, including children, being held in the country’s immigration detention centres. They were scheduled to be sent back onboard Myanmar navy ships. — Reuters pic")
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KUALA LUMPUR, March 9 — Two non-governmental organisations (NGOs) have obtained leave to proceed with a judicial review to challenge the Malaysian government’s decision to repatriate 1,200 Myanmar refugees.
This follows the decision by High Court judge Datuk Seri Mariana Yahya in dismissing the Attorney General’s Chambers’s (AGC) objection against the application for leave for judicial review by the two NGOs, Asylum Access Berhad and Aimal Sdn Bhd.
Lawyer Lim Wei Jet, who was representing the two NGOs, when contacted said the court rejected the AGC’s argument that both NGOs lacked locus standi to file the judicial review application.
“It (the court) held that NGOs play an important role in today’s society to vindicate the rights of the vulnerable. The court acknowledged that we live today in a much more liberal society where concepts of accountability and transparency are part and parcel of our lives,” the lawyer said.
Lim said the court also rejected the AGC’s argument that decisions of the respondents are immune from judicial review (except on procedural non-compliance) because of the ouster clause in Section 59A of the Immigration Act.
The respondents in the application were the Immigration director-general, the Home Minister and the Malaysian government.
The provision states that the decisions of the Immigration director-general or Home Minister are only subject to judicial review if they involve the issue of procedural compliance.
“The court ruled that the judicial review application is not frivolous and vexatious, and thus needs to be subjected to a full hearing,” the lawyer said, adding that the court has fixed March 23 for the next case management.
Meanwhile, the lawyer said the court also granted a stay against the Immigration director-general and the Home Minister from deporting the remaining 114 Myanmar nationals until the disposal of the entire judicial review.
Justice Mariana delivered her decision today through online proceedings, and she was joined by Senior Federal Counsel S. Narkunavathy, Ahmad Hanir Hambaly, Mohd Sabri Othman and M. Kogilambigai while the lawyers representing the applicants were Datuk Ambiga Sreenevasan, Datuk Dr Gurdial Singh, New Sin Yew and Gokul Radhakrishnan.
On February 22, the two NGOs filed a judicial review for an order to overturn the government’s decision to deport the refugees, including children, being held in the country’s immigration detention centres. They were scheduled to be sent back onboard Myanmar navy ships.
In their application, they claimed that if the refugees were sent back to Myanmar, their lives would be at risk.
In a press statement on February 23, Immigration director-general Datuk Khairul Dzaimee Daud said that a total of 1,086 Myanmar national illegal immigrants detained at immigration depots nationwide since last year were deported via the Royal Malaysian Navy (RMN) base in Lumut.
The repatriation programme was implemented by his department in
collaboration with the Malaysian Armed Forces, especially the RMN, the
National Task Force and the Myanmar Embassy. — Bernama, Malay Mail, 9/3/2021
114 Myanmar nationals to stay in M'sia after court leave granted
Around 114 Myanmar nationals in Malaysia have been given extended court protection from being deported to their strife-torn homeland.
Human rights groups - Amnesty International Malaysia and Asylum Access Malaysia - today succeeded in obtaining court leave to commence legal action to prevent the nationals from being sent back to Myanmar, now divided by violent protests.
The Kuala Lumpur High Court granted leave to the two groups' judicial review leave application against the immigration director-general, the home minister and the Malaysian government.
The 114 Myanmar nationals, initially under an interim court order preventing their deportation pending disposal of the judicial review leave application, now have an extended order protecting them from deportation.
On Feb 24, the Immigration Department deported 1,086 Myanmar nationals despite an earlier court order forbidding it, pending disposal of the existing legal action.
It is understood that some of the Myanmar nationals are refugees or asylum seekers and this is something the two rights groups are trying to ascertain.
The court will later fix a date to hear submissions from parties over the merits of the judicial review leave application.
When contacted, lawyer Lim Wei Jiet, acting for Amnesty International and fellow applicant Asylum Access Malaysia, confirmed that the court leave was granted.
“The KL High Court granted leave for Asylum Access Malaysia and Amnesty International to proceed with their judicial review.
“Judge Mariana (Yahya) also granted a (further) stay against the director-general of Immigration and the home minister from deporting the remaining 114 Myanmar nationals until the disposal of the entire judicial review,” Lim said.
On the reasons for the decision, the lawyer explained that the judge rejected the arguments by the Attorney-General’s Chambers (AGC) that the two rights groups lacked locus standi (right or capacity to initiate legal action) to file the present legal action.
“It (court) held that NGOs played an important role in today’s society to vindicate for the rights of the vulnerable.
“The High Court acknowledged that we live today in a much more liberal society where concepts of accountability and transparency are part and parcel of our lives,” Lim said.
The AGC acts for the three respondents in the matter, namely the Immigration director-general, the home minister and the government.
Lim said the court also rejected the AGC’s arguments that the decisions of the two respondents are immune from the judicial review due to an ouster clause in Section 59A of the Immigration Act 1959.
The provision states that the decisions of the Immigration director-general or home minister are only subject to judicial review if it involves the issue of procedural compliance.
Lim said the court ruled that the judicial review application is not frivolous and vexatious, and thus need to be subjected to a full hearing.
Besides Lim, the other members of the two rights groups legal team included Ambiga Sreenevasan, Gurdial Singh Nijar, New Sin Yew, and Gokul Radhakrishnan.
Senior federal counsel S Narkunavathy, Ahmad Hanir Hambaly, Mohd Sabri Othman and M Kogilambigai, all from the AGC, appeared for the Immigration director-general, the home minister and the government.
The two rights groups' judicial review application will come up for case management before the High Court on March 23.
It was reported that Malaysia had agreed to deport 1,200 people to Myanmar amid a military coup and deadly protests in the country.
Previously, news portal Free Malaysia Today reported that three Myanmar-flagged vessels, including one described as a military operations ship, had arrived in Lumut, Perak and were anchored off the naval base there.
The United Nations High Commissioner for Refugees (UNHCR) had urged Malaysia not to proceed with the deportation, while other groups warned that the deportation could legitimise the military junta now in power and expose Rohingya and other ethnic minorities to persecution.
The country had previously expressed “serious concern” over the coup in Myanmar.
Malaysia does not recognise the UN refugee status, hence, refugees are viewed under the law as undocumented migrants.
Despite
the non-recognition, Malaysia is home to an estimated 154,000 refugees
from Myanmar, apart from the larger number of undocumented migrant
workers. _Malaysiakini, 9/3/2021
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