High Court sets April 28 to hear Tony Pua judicial review


Source: The Star Online

KUALA LUMPUR:  Petaling Jaya Utara MP Tony Pua’s bid to challenge the Immigration Department director-general’s decision to stop him from travelling overseas will be heard on April 28.

The case will be heard by High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah.

Speaking to reporters after the parties met senior assistant registrar Nurul Aini Yahya in chambers on Tuesday, Pua’s lawyer Joanne Chua said that the court fixed March 29 for them to file written submissions for the judicial review proceedings.

Chua said Nurul Aini has set March 29 and April 18 for case management to ensure all documents in order for the hearing.

High Court (Appellate and Special Powers) judge Justice Asmabi Mohamad had on Oct 1 last year granted leave to Pua for his judicial review application.

Pua, who named the Immigration Department director-general and the Government as respondents wants the High Court to quash the decision by declaring it unlawful and invalid.

He is also claiming for special damages and costs.

In his judicial review application, Pua said he was prevented from leaving the country at KLIA 2 on July 22 last year.

The DAP national publicity secretary said he was supposed to go to Yogyakarta that day using his passport, which was valid until April 23, 2020.

He claimed that the decision was ineffective under the law as it was in contradiction to his legitimate rights to travel abroad using his valid passport.

In his grounds to support the application, Pua said the decision was beyond the powers of the D-G.

He said the decision was arbitrary as he was not given any notice or any opportunity to be heard before the decision was made.

Pua also said that his constitutional rights guaranteed by the Federal Constitution have been affected.

He added that the decision was unreasonable, unfair and that the respondents had used their discretion wrongly and in bad faith.