Maria Chin granted leave to challenge 2016 travel ban
Petaling Jaya MP Maria Chin Abdullah was today granted leave by the Federal Court to challenge the constitutionality of the travel ban imposed on her, three years ago.
Federal Court Judge Balia Yusof Wahi, who led the three-member bench, granted permission for Maria to raise three questions of law, to be heard on its merits...
Petaling Jaya MP Maria Chin Abdullah was today granted leave by the Federal Court to challenge the constitutionality of the travel ban imposed on her, three years ago.
Federal Court Judge Balia Yusof Wahi, who led the three-member bench, granted permission for Maria to raise three questions of law, to be heard on its merits.
The three questions are:
- Whether Section 3(2) of the Immigration Act 1959/63 empowers the director- general (of the Immigration Department) unfettered discretion to impinge on the democratic rights of citizens such as criticising the government,
- Whether Section 59 of the Act is valid and constitutional, and,
- Whether Section 59A of the Act is valid and constitutional in light of the Semenyih Jaya and M Indira Gandhi apex court decision
The two other judges on the bench were Justice Alizatul Khair Othman Said and Justice Tengku Maimun Tuan Mat.
Section 59A of the Act is an ouster clause which bars people from seeking a judicial review to challenge the decision of the director-general.
Section 3(2) concerns the powers of the director-general, while Section 59 is about the people's right to be heard on any order against the person.
Maria was barred from receiving the Gwangju Human Rights Prize in South Korea, on behalf of the electoral watchdog Bersih on May 15, 2016, which she chaired then.
Her travel ban was lifted days later, but Maria was not informed.
Lawyers Gurdial Singh Nijar (left in photo above), who appeared together with Abraham Au and Lim Wei Jiet, for Maria, said leave should be granted as these were constitutional questions of law which need to be answered despite the travel ban being lifted.
Furthermore, he said that despite the case being a judicial review application, the court may give constitutional compensation.
Senior federal counsel Shamsul Bolhassan, who appeared for the home minister, and the Immigration Department director-general, said the application should not be considered as it is academic, as had been cited by the Court of Appeal in dismissing the appeal earlier.
In May last year, a three-member Court of Appeal bench, led by Justice Umi Kalthum Abdul Majid, had dismissed Maria's appeal.
A year earlier, the High Court had dismissed the judicial review application.
In Nov 2017, the Federal Court struck down Damansara MP Ton Pua's bid to raise questions surrounding his travel ban.
Are you sure you want to delete this comment?
This action cannot be undone.