AGC objects to NGOs' application to challenge govt's decision on Myanmar refugees

Senior Federal Counsel (SFC) Ahmad Hanir Hambaly, said that he had informed the court that the objection was made on the grounds that Section 59A of the Immigration Act 1959 stipulates that there shall be no judicial review of any act or decision except in regards to non-compliance with any procedural requirement of the law.

“The applicants (NGOs) are also not the parties affected by the decision of the respondent (the Malaysian Government) to send the Myanmar nationals back to their country of origin,” he said when contacted by reporters.

Today’s online proceedings were set for the hearing of the application for judicial review before High Court Judge Datuk Seri Mariana Yahya, who was also joined by other SFCs S. Narkunavathy and Mohd Sabri Othman, while the lawyers representing the applicants were Datuk Ambiga Sreenevasan and Datuk Dr Gurdial Singh.

Ahmad Hanir said that the interim stay order, granted by the court to halt the deportation yesterday, has been extended pending the decision on March 9.

Yesterday, Judge Mariana allowed the application by two NGOs for an interim stay to stop the Malaysian government from repatriating the Myanmar national to their country of origin.

The two NGOs, Asylum Access Berhad and Aimal Sdn Bhd, in the application on Monday, named the Malaysian government, the Immigration director-general and the Home Ministry as respondents.

The applicants claimed that if the refugees were to be deported, there were concerns that the group could be at risk if they are returned to military-ruled Myanmar.

In a press statement yesterday, Immigration director-general Datuk Khairul Dzaimee Daud said that a total of 1,086 Myanmar national illegal immigrants detained at immigration depots nationwide since last year were deported via the Royal Malaysian Navy (RMN) base in Lumut.

The repatriation programme was implemented by his department in collaboration with the Malaysian Armed Forces, especially the RMN, the National Task Force and the Myanmar Embassy.