American terrorist suspect Ahmed Ibrahim Bilal is likely to be deported by Malaysian authorities any time now after an application for a stay on his deportation was rejected by the Kuala Lumpur High Court.

The request was denied on grounds that the court could not prevent the director-general of the Immigration Department from performing his functions as provided for under the Immigration (Amendment) Act 2002.

Lawyer Darshan Singh Khaira had filed a habeas corpus application seeking Ahmed's release from allegedly unlawful detention in the Bukit Aman federal police headquarters since Sunday.

Pending a final decision on the application, Darshan asked the court for a stay on Ahmed's imminent deportation.

No appeal

However, Justice S Augustine Paul said Ahmed had "no right of appeal" against a deportation order issued by the Immigration Department on grounds that his passport had been revoked by the US government.

"Once a passport issued to a foreign national upon which a visa was granted is revoked, his pass (to stay in Malaysia) expires automatically. The law empowers the director-general of the Immigration Department to issue a removal order against the person," he said.

The judge said under Section 33 of the Immigration Act, no appeal can be made against an order of removal if the order was made on grounds that the individual's pass to stay in Malaysia had expired.

"In the light of such powers of the director-general, any further stay will amount to preventing the director-general from carrying out his functions," he added.

Paul said he was satisfied as to the authenticity of a copy of a letter submitted by deputy public prosecutor Mohd Yusof Zainal Abiden that Ahmed's passport had been revoked.

In addition, the judge said he could not order for a release of Ahmed as this would be equivalent to the court ordering the release of an illegal immigrant.

"That would be wrong in law. There is no way that I can order for a release. Similarly, I cannot order for a stay," he said.

Decision tomorrow

Darshan (photo) had applied for a stay be granted, short of release, as Ahmed had applied for political asylum in Malaysia and a passport from various other embassies.

"We also do not know for a fact that his US passport had been revoked," he said, dissatisfied with the authenticity of the photocopy version submitted by Mohd Yusof to the court.

Although Paul was satisfied that prima facie evidence had been presented, he agreed to adjourn the hearing until 2.30pm tomorrow to provide time for the deputy public prosecutor to submit original documents to the court.

Ahmed, 25, is wanted by the US government for allegedly "waging war against the United States".

On his return to the US, Ahmed faces charges that he, with five others, conspired to fight against the US, provided material support and resources to al-Qaeda, and to contribute services to al-Qaeda and the Taliban. Ahmed also faces firearms charges.

Bad faith

Earlier, Paul said he had granted a temporary stay on deportation for Ahmed yesterday based on the application and oral arguments made by Darshan yesterday evening after office hours. The temporary order expired at 2.30pm today.

"Because of the urgency, I granted an interim stay of any action proposed to be taken on the applicant," he clarified.

Paul said he was informed by Darshan that without the order, the applicant would have been deported last night, before the hearing of the habeas corpus application.

Met outside the courtroom later, Darshan said he had not been given a copy of the letter said to be written by the US embassy stating the revocation of Ahmed's passport.

"The DPP produced a document claiming that it was from the US embassy in Kuala Lumpur. He showed it to the court, he showed it to me but he has refused to give me a copy of it," he said, visibly upset.

"They are playing for time so that they can deport him. They can just put him on an American cargo plane and send him out tonight. This is not the way to do it."

Darshan said the US, by revoking Ahmed's passport instead of initiating proper extradition proceedings, had insulted the Malaysian judiciary.

"The Americans think they can do what they like, that they need not follow local law...They are producing documents but not willing to go through due process in courts. They just want the director-general of Immigration to sign an order and put him on a cargo plane," he said.

Darshan said US authorities should have taken action based the country's extradition treaty with Malaysia.

"There is then an Extradition Act to say that they must go to court and show prima facie evidence that he is guilty of an offence in America but they are not doing that. This is bad faith," he added.

Darshan said he would be applying for a stay from the Court of Appeal.

US embassy confirmation

Police had detained Ahmed, a US citizen, after an alert was issued by American officials that he is wanted for allegedly conspiring to wage war against the US.

Ahmed arrived in Malaysia in January and registered to study for a degree in Quran Sunnah at the International Islamic University in Selangor.

The habeas corpus application was filed on grounds that police had not informed Ahmed of the charges he was being detained under.

Yesterday, the US embassy in Kuala Lumpur confirmed that Ahmed's passport had been revoked.