The Kuching High Court today heard the application by Subang MP Sivarasa Rasiah for judicial review to quash the decision by the Sarawak immigration director to bar him from entering Sarawak two months ago.

In his application, Sivarasa has asked for an ‘order of mandamus’ to compel the state immigration director to allow him to enter Sarawak.

On Feb 14, the state immigration issued a notice of refusal of entry to Sivarasa at the Kuching International Airport, forcing him to fly back to Kuala Lumpur.

after permatang pauh 916 an oppotunity to change forum 100908 sivarasa rasiah Sivarasa, who is also PKR vice-president, was scheduled to meet with party leaders in Kuching and Miri on that day.

The parliamentarian was stopped by immigration officials upon arriving at the Kuching International Airport at noon and was served with the notice under Section 66(1) on the Immigration Act.

The no-entry notice, signed by Bujang Piee acting for the Sarawak Immigration director, stated that the Subang MP did not belong to the “state of Sarawak and is not entitled to enter Sarawak without a permit or a pass”.

Sivarasa was the second opposition leader banned from Sarawak. On Christmas Eve last year, Padang Serai MP N Gobalakrishnan, who is also from PKR, was barred from entering the state on the same grounds.

Prevented from exercising his rights

In his affidavit filed to support his application, Sivarasa claimed that the state immigration director’s decision was politically motivated.

He also argued that he was prevented from exercising his rights as a citizen of Malaysia and carry out his responsibilities and duties as a parliamentarian and leader of PKR to engage in legitimate political activity.

“The director’s decision is mala fide, unlawful, unreasonable, irrational and ultra vires the Immigration Act and regulations, and is in excess of his jurisdiction. Further, this is in breach of my legitimate expectation to enter Sarawak.”

In the hearing before High Court judge Linton Albert this morning, the PKR leader was represented by lawyers, Baru Bian and See Chee How.

Senior federal counsel Munahyza Mustafa from the Attorney-General’s Chambers has objected to the leave application.

Judge Albert, having heard the submissions from both parties, fixed May 15 for his decision on Sivarasa’s application for judicial review.