Sungai Siput Member of Parliament Dr Michael Jeyakumar Devaraj today failed to obtain leave to challenge implementation of the Health Ministry’s guideline on new medical fees for foreigners seeking treatment at government clinics and hospitals.

High Court judge Asmabi Mohamad dismissed Jeyakumar’s leave application for a judicial review after allowing a preliminary objection by the health minister, the Health Ministry and the government, the respondents named in the application.

Asmabi made the decision in chambers.

Senior federal counsel Shamsul Bolhassan, representing the respondents, told reporters that the court allowed the preliminary objection by the respondents on grounds that the government’s policies could not be challenged.

“The court also agreed with the respondents' submission that Jeyakumar had no locus standi to file the application,” he added.

Meanwhile, Jeyakumar, represented by lawyer Pavendeep Singh, said he was appealing against the decision.

Jeyakumar filed the application last July 20 seeking a declaration that the Health Ministry had acted without lawful basis in deciding the guideline and declined to discuss the implementation of the new medical fee for foreigners as contained in a circular with the title Guidelines on the Implementation of the Fee Order (Medical) (Service Cost) 2014, which was enforced on Jan 1, this year.

He is also seeking, among others, a mandamus order for the health minister and the Health Ministry to meet and discuss with interested parties to ensure circulars issued by the ministry were in line with the precepts of public health.

In a supporting affidavit, Jeyakumar said the guidelines by the ministry was unlawful and an infringement of fundamental rights.

He said the high fee imposed by the ministry would cause foreign workers to not seek treatment for their illness and this may result in the disease spreading.

- Bernama