An application by Miri businessman Tan Seng Hin, who had been deported from Sarawak, to stop the state director of immigration from interfering with his right to vote was dismissed by the Kuching High Court this afternoon.

Tan, who was deported early this year but is now back in the state, made his application at about 2.30 pm, said his lawyer Wong Siong Ling.

Wong told malaysiakini that High Court judicial commissioner Zakaria Sam rejected Tan's application for an interim injunction.

The 61-year-old former Chinese educationist, who was deported from Sarawak on Jan 6 for allegedly criticising the state government, was 'accidentally' allowed back into the state by the Miri airport authorities on Sunday.

The authorities had given Tan a three-month social visit pass.

Tan said that he came back to Miri to vote in tomorrow's state elections and to see his family.

Asked whether the court decision would mean that Tan could be barred from casting his vote tomorrow, Wong replied, "We do not know."

Wong also said that Tan had filed another application seeking a declaration that the revocation of his entry permit by the state was invalid. However, the date of the hearing has not been fixed.

In an immediate reaction, Tan said the High Court decision would not deter him from voting.

"I insist on voting," he vowed.

However, Tan expected that he would be apprehended after he casts his vote in the Piasau constituency in Miri tomorrow.

"I have been unable to see my friends, and have not even hugged my children though I have seen them," he told malaysiakini . Tan has been separated from his family for six months after the deportation.

Stop harassment

Earlier today, a group of non-governmental organisations sent a protest letter to the Sarawak Immigration Department calling on the authorities to stop harassing Tan.

About 20 minutes after his arrival on Sunday, Tan was asked by an Immigration officer to go back into the airport for a little 'talk'.

However, Tan insisted that he was allowed into the state legally and fearing that he would be deported again, he immediately left the airport.

It is learnt that the authorities are looking for the businessman, who has since gone into hiding.

According to the letter to the Immigration Department sent by the NGOs - which include human rights group Suaram and the Civil Rights Committee of Selangor Chinese Assembly Hall - 10 police officers went to Tan's house in Miri to apprehend the businessman the night he arrived.

It added that the authorities have gone back his house every day in search for Tan since then.

Tan told malaysiakini that a number of Immigration officers went to his house again this morning.

"They left a message requesting my wife to see an officer in the Immigration Department. My wife, after serious consideration, decided not to go," he said.

According to Suaram spokesperson Cynthia Gabriel, such harassments must be stopped.

She said that Tan has rightfully acquired an approval to stay in Sarawak.

"Whatever uneasiness the government has on him, they must be transparent and responsible in their action. They should recognise that Sarawak is part of Malaysia, every citizen is free to travel within its border," said Gabriel.

No reason given

In January, Tan - originally from Melaka - was deported from Sarawak without any reason given.

Tan, who is a developer, has been living in Sarawak for the past 23 years with his wife, Lu Ya Lei, and their two children.

The Sarawak Immigration Department served a notice on Tan at his office on Dec 22 last year giving him two weeks to leave the state.

Tan was also told that he would not be permitted to re-enter Sarawak again.

In a written statement to Parliament in April, Deputy Home Affairs Minister Zainal Abidin Zin said that Tan was deported because he was a critic of the state government.

He added that Tan was found to be ungrateful to the Sarawak government who had given him the chance to live in the state for two decades.

Suaram's Gabriel pointed out that Tan's predicament was not an isolated case.

A number of NGO activists have been banned from entering Sarawak for criticising the state's logging activities.

Gabriel also called on the Sarawak authorities to respect Tan's right to cast his vote as he is a legitimate voter.