Justice Norliza FAILED to grant an INTERIM Injunction to stop Malaysia from further sending back refugee/asylum seekers to Myanmar, and in my opinion, she ERRED. The government, including PM Anwar announced the sending back of 5,000, whereby the 1st batch of 1,473 was sent on Tuesday (29/9/20260), and more at risk of being sent back at anytime. The recourse to COURT to prevent further INJUSTICE failed as the COURT failed to grant an INTERIM INJUNCTION..
In 2026, no INTERIM Stay Order to stop any more sending back refugees to Myanmar by Malaysia BUT in 2021, the Court did grant an interim stay order - and then at a later date, after granting leave to commence Judicial Review EXTENDED the Stay Order > In my opinion, Justice Norliza Othman should have followed what the 2021 Court did....But she ERRED - a mistake that may lead to greater injustice of more people being send back to Myanmar...
And after that, the HOME Minister came out saying that the balance will be sent back to Myanmar if there is NO COURT ORDER stopping the government from proceeding...
“Let the legal process determine the outcome. Until there is a decision to the contrary, we will continue with the repatriation. - Home Minister Datuk Seri Saifuddin Nasution Ismail (Malay Mail, 29/10/2026)
THUS, since there is NO Court Order, and Malaysia sends back more refugee/asylum seekers to Myanmar > then the BLAME lies with Justice Norliza > for, she who had the POWER to make a COURT ORDER that will prevent further deportation or sending back NOW and INJUSTICE - at least an interim stay or injunction should have been granted.
In 2021, the High Court granted an interim stay order until the hearing of the leave to commence Judicial Review is heard and determined, and after that leave was granted, the STAY order was extended.
Justice Norliza should have justly done this...but she failed, and greater injustice can still happen - all the remaining of the 5,000 yet to be send back could now be send back before 8th December, the date she fixed for the hearing. Once sent back, that GROSS INJUSTICE cannot be reversed > Myanmar will not send them back to Malaysia.
Justice Norliza Othman should have granted an interim stay ORDER to prevent Malaysia from sending back to Myanmar refugees/asylum seekers pending the full hearing of the case or pending the hearing of the leave application.
This case was a matter of URGENCY given that PM Anwar has announced that 5,000 Rohingya Refugees would be sent back to Myanmar, and the first batch had already been send - and the remaining could be sent back at anytime...
BUT Justice Norliza failed to issue an INTERIM Order as JUSTICE would demand, and then set the hearing date for December 8 - not speedily within a week or 2.
The High Court has dismissed the Malaysian Bar’s application to temporarily halt the repatriation of about 5,000 Myanmar refugees and asylum seekers, ruling that a stay cannot be granted before leave for a judicial review is given. Justice Norliza Othman said the dismissal was ordered without prejudice to the Bar’s right to renew its application after the court decides whether to grant leave for judicial review. The leave application has been fixed for hearing on Dec 8.
In 2021, in a similar application to prevent further deportation, the Court(Justice Dato’ Sri Mariana Yahya) immediately granted a stay to prevent deportation, and then later granted leave for the judicial review application, and extended the stay...
Amnesty International Malaysia and Asylum Access Malaysia applaud the decision by the Kuala Lumpur High Court today to grant leave to proceed with the two organisations’ application for judicial review of the Malaysian government’s decision to deport 1,200 Myanmar nationals in February.
In addition to granting permission for the case to continue, Justice Dato’ Sri Mariana Yahya also extended the 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. The 114 were part of the 1,200 Myanmar nationals who were at risk of being deported; Malaysian authorities deported 1,086 Myanmar nationals on 23 February despite a one-day stay earlier issued by the court. Asylum Access Malaysia, 9/3/2021
Justice Norliza Othman ERRED & if others are send back to Myanmar by Malaysia, ALL BLAME lies on her, in my opinion.
Note, even in Civil Cases, Courts do grant interim injunctions fast - immediately after cases are filed...sometimes even before the Statement of Claim is filed, or even before the Cause papers are served on the other side.
Note also that Judges do have inherent powers of the Court to make any order as may be necessary to prevent injustice, whereby this is clearly stated amongst others in the Rules of Court 2012, amongst others.
YES, this JUDGE had the needed powers to make an ORDER preventing Malaysia from sending back refugees/asylum seekers to Myanmmar > Note from the 1st batch of 1,473 send back - 300-400 have been arrested and detained despite the assurances given by Malaysia...This matter have also been raised in Parliament.4. Inherent powers of the Court (O. 92 r. 4) - Rules of Court 2012
For the removal of doubt it is hereby declared that nothing in these Rules shall be deemed to limit or affect the inherent powers of the Court to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the Court.
In terms of JUDGES, there are GOOD and Bad Judges > Rather that ensuring justice be done, sadly some Judges use 'technicalities' and procedural matters to delay or even strike out cases - rather than hearing on the merits. WE NEED JUDGES THAT WILL ENSURE JUSTICE BE DONE - and cases are heard on the merits - sometimes dealt with URGENTLY > where the primary intention here is to prevent Malaysia's further sending back refugee/asylum seekers to Myanmar. So too in cases, where a failure of an interim injunction will result in the EVICTION of people from homes/land, etc...
Did the Malaysian Bar appeal this decision? Would it be different if the BAR had commenced a WRIT Action - rather than a Judicial Review?
Justice Norliza struck out the Bar's application for an URGENT Injunction to prevent further deportation was because she was of the opinion that she can only deal with such an INJUNCTION order after the Bar's application for Judicial Review is heard - and, here too, I believe the JUDGE Erred. She said the Bar was free to make another application for an INTERIM INJUNCTION after leave was granted - I have not seen the Judgment but only media reports. I believe that the JUDGE ERRED.
If any more are send back by Malaysia to Myanmar - then, I would call for Justice Norliza to be removed as JUDGE.
What Malaysia did was clearly in violation of the principle of non-refoulement and international law. Even, the Malaysian Human Rights Commission said so...
PM Anwar Ibrahim and Home Minister Saifuddin Nasution > You know that this matter is before the COURT - thus irrespective of whether there is a Court Order or NOT, you must respect the COURTS and not send back any more persons to Myanmar, for if you do it will be a disrespect of the Courts, or even a 'CONTEMPT OF COURT'. The Government is a party in that suit. If the Government wants to proceed with sending them back to Myanmar - then rightly get a 'COURT ORDER' saying OK for Malaysia to send back..
Home Minister Saifuddin was also 'dishonest' in Parliament - he failed to explain that the application was not dismissed on the merits, but only because the Judge believed that any application for stay or injunction could be made after the Bar managed to get LEAVE to commence Judicial Review, which I believe was very wrong... What the Minister said (as reported) was 'He said the repatriation efforts would proceed in line with the court’s decision to dismiss the Malaysian Bar’s application for a stay.' He did not clearly state that the decision was not after hearing the application on the merits - but rather a position of the Judge that such application can only be made after LEAVE was granted...In fact, the Judge suggested the Bar make another similar application after LEAVE was granted - 'Justice Norliza Othman said the dismissal was ordered without prejudice to the Bar’s right to renew its application after the court decides whether to grant leave for judicial review.'... In reporting in Parliament, Ministers must be totally HONEST and reveal everything so there is no misunderstanding...
see also:-
Shocking - HOME Minister Saifuddin says Malaysia will continue with repatriation to MYANMAR until the COURT stops it?? OR maybe PARLIAMENT do? Which religion allows Malaysia to do this to refugees?
Malaysia Guaranteed Their ‘Welfare And Human Rights’, So Malaysia Now Obligated To Independently Verify That 10,000 Returned To Myanmar’s Welfare And Rights Are Protected
Malaysian MUST stop sending refugees and asylum seekers back to Myanmar...
High Court refuses Bar’s bid to stay repatriation of Myanmar refugees
Justice Norliza Othman says a stay application can only be heard after the application for leave for judicial review is decided.

Justice Norliza Othman said the dismissal was ordered without prejudice to the Bar’s right to renew its application after the court decides whether to grant leave for judicial review.
The leave application has been fixed for hearing on Dec 8.
The Bar is seeking permission to challenge the government’s plan to repatriate about 5,000 Myanmar nationals, including Rohingya and children recognised by the United Nations High Commissioner for Refugees as refugees or asylum seekers.
It argues that their return to Myanmar could expose them to persecution, discrimination and other harm, and that repatriation could render the judicial review meaningless because the consequences might be irreversible.
The Bar also contends that Malaysia is bound by the customary international law principle of non-refoulement, which prohibits returning people to a country where they face persecution.
It further argues that the return of children would be inconsistent with the principle of acting in their best interests.
Lawyer M Ramachelvam, representing the Bar, submitted that the balance of convenience favoured a stay.
Senior federal counsel Nurhafizza Azizan, appearing for the attorney-general, argued that the application was premature, citing a recent Court of Appeal ruling that a stay could only be considered after leave for judicial review had been granted.
Collin Arvind Andrew, Moganasundari Mahalingam, Ameerul Radzi Azlan and Shahlini Sree Kumar also appeared for the Bar.
Marcus Lee and Samantha Koh appeared on behalf of Suhakam as amicus curiae, or a friend of the court. - FMT,22/10/2026
Malaysia to proceed with repatriation of 5,000 Myanmar refugees after court ruling, says home minister
The government will continue efforts to repatriate Myanmar refugees to their country of origin through lawful channels and established diplomatic processes, Home Minister Datuk Seri Saifuddin Nasution Ismail said. — Picture by Sayuti Zainudin
First Published: Thursday, 29 Oct 2026 2:10 PM MYT
He said the repatriation efforts would proceed in line with the court’s decision to dismiss the Malaysian Bar’s application for a stay.
Saifuddin Nasution said the Home Ministry and the Foreign Ministry would continue negotiations with the Myanmar government to facilitate the repatriation of the second group, unless the court ruled otherwise.
“Let the legal process determine the outcome. Until there is a decision to the contrary, we will continue with the repatriation.
“For now, the Malaysian Bar’s application for a stay has been dismissed, so we will proceed. The judicial review has been fixed for Dec 8,” he said in his speech at the Home Ministry’s monthly assembly and Innovation Day celebration here today.
Media reports said the High Court had dismissed the Malaysian Bar’s application to temporarily halt the repatriation of about 5,000 Myanmar refugees and asylum seekers, ruling that a stay could not be granted before leave for judicial review was given.
Judge Norliza Othman said the dismissal did not affect the Malaysian Bar’s right to renew its application after the court had decided whether to grant leave for judicial review.
Meanwhile, Saifuddin Nasution urged the public not to take matters into their own hands over the presence of Myanmar refugees, stressing that enforcement should be left entirely to the authorities.
He acknowledged that refugee issues could give rise to various socioeconomic problems, but said the public should not go to extremes or act beyond the law.
“Their arrival has caused economic, political and social problems in certain communities, prompting some members of the public to take matters into their own hands, such as attacking their homes or forcing them out of their villages.
“The police are carrying out their duties and are urging the public not to take the law into their own hands. Leave it to the authorities and immigration enforcement agencies, which are conducting continuous operations,” he said.
Yesterday, Prime Minister Datuk Seri Anwar Ibrahim said Malaysia had opted for a diplomatic approach with Myanmar to address the refugee issue, despite facing international condemnation and criticism over the government’s stance.
He said that following discussions with the Myanmar authorities, the country had agreed to repatriate some of its nationals in Malaysia at its own expense, including by air and sea.
To date, about 10,300 Myanmar nationals have been repatriated, while another 3,000 are expected to undergo the repatriation process this month. — Bernama - Malay Mail, 29/10/2026


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