Sabah ban on Ambiga beyond court’s powers, says appeals court

Source: FMT News

Court of Appeal is bound by Federal Court ruling in 2002 with material facts and issues being same as in Ambiga’s case, says justice Mohd Zawawi Salleh. Pic from FMT News.

PUTRAJAYA: Former Malaysian Bar president Ambiga Sreenivasan’s travel ban to Sabah was upheld because Malaysia’s highest court had in 2002 ruled that the judiciary cannot inquire why such a decision was made, the Court of Appeal said.

A three-man bench chaired by justice Mohd Zawawi Salleh said Section 59A(1) of the Immigration Act was drafted for the exclusion of judicial review in any court of any act done or any decision made by the home minister.

Zawawi said even the decision of the immigration department’s director-general or the authority of Sabah and Sarawak could not be questioned except for non-procedural compliance.

“In our view, the words of Section 59A(1) are clear and support the conclusion that the jurisdiction of the court is ousted. Therefore, the intention of Parliament to exclude judicial review is clearly manifested,” Zawawi said in delivering the court’s judgment. Read more

Maria Chin fails to challenge Immigration DG’s travel ban

Source: The Malay Mail Online

Maria Chin Abdullah failed in her bid to challenge the Immigration director-general’s decision to bar her from travelling abroad after her judicial review application was dismissed. ― Picture by Yusof Mat Isa for the MMO.

KUALA LUMPUR, May 18  — The High Court today dismissed the judicial review application by Bersih Electoral Reform Movement and Bersih 2.0 chairman, Maria Chin Abdullah to challenge the Immigration director-general’s (DG) decision of barring her from travelling abroad.

Justice Datuk Nik Hasmat Nik Mohamad in her judgment said that Maria’s application had become academic in nature, and that the decisions by the Immigration director-general and home minister in imposing the travel ban were not reviewable.

The judge also said that during the judicial review application being heard in court, the travel ban on Maria was lifted on May 17, 2016, two days after she was denied entry.

“This renders the application academic,” she said. Read more

High Court decision on Zunar’s bid to lift travel ban

Source: FMT News

The cartoonist is seeking to lift a travel ban imposed by the Immigration Department last year. Pic from FMT News.

The cartoonist is seeking to lift a travel ban imposed by the Immigration Department last year. Pic from FMT News.

KUALA LUMPUR: Cartoonist Zunar will know on April 14 if he is able to initiate a legal challenge against an Immigration Department ban prohibiting him from travelling abroad.

High Court judge Justice Mohd Zaki Abd Wahab fixed the date after hearing arguments in chambers from Zunar’s lawyer, N Surendran, and senior federal counsel Mohamad Rizal Fadzil who represented the Immigration Department, home minister and government.

Speaking to reporters outside the court, Surendran said Zunar, whose real name is Zulkifli SM Anwarul Haque, should be granted leave to question the validity of the travel ban.

“We told him (Justice Zaki) that the ban can be reviewed in court and the director-general has no absolute power to make the decision to bar,” he said.

He added that the Immigration Department had objected to the leave, saying the Immigration Act 1959/63 excluded any legal challenge in court over the director-general’s decision.

Zunar had filed a judicial review seeking to quash the travel ban in December last year.

The activist also sought several court declarations that the ban violates his constitutional rights, and that the respondents have no power to restrict him from travelling abroad.

He was barred from going to a forum in Singapore on Oct 17.

He also faces nine sedition charges for allegedly insulting the judiciary over former opposition leader Anwar Ibrahim’s second sodomy conviction.

In a similar bid, Petaling Jaya Utara MP Tony Pua had challenged the Immigration Department in 2015 over the move to stop him from flying to Indonesia.

In July last year the High Court dismissed Pua’s judicial review, saying the director-general had the power to restrict a person from travelling abroad under the Immigration Act.

The immigration department however lifted the travel ban in October.

Court to decide next month Zunar’s bid to lift travel ban

Source: FMT News

The cartoonist is seeking to lift a travel ban imposed by the Immigration Department last year. Pic from FMT News.

The cartoonist is seeking to lift a travel ban imposed by the Immigration Department last year. Pic from FMT News.

KUALA LUMPUR: Cartoonist Zunar will know on April 14 if he is able to initiate a legal challenge against an Immigration Department ban prohibiting him from travelling abroad.

High Court judge Justice Mohd Zaki Abd Wahab fixed the date after hearing arguments in chambers from Zunar’s lawyer, N Surendran, and senior federal counsel Mohamad Rizal Fadzil who represented the Immigration Department, home minister and government.

Speaking to reporters outside the court, Surendran said Zunar, whose real name is Zulkifli SM Anwarul Haque, should be granted leave to question the validity of the travel ban.

“We told him (Justice Zaki) that the ban can be reviewed in court and the director-general has no absolute power to make the decision to bar,” he said. Read more

The legality of travel bans — Gurdial Singh Nijar

Source: The Sun Daily

BY GURDIAL SINGH NIJAR
(Deputy President, HAKAM)

PRESIDENT Trump’s travel ban has hit a glitch. His executive order banning refugees and visitors from seven Muslim-majority countries entering the US was temporarily blocked from taking effect by a California trial judge. This is a temporary stay until the final hearing of a suit filed by two states – Washington and Minnesota – challenging the legality of the travel ban. Trump appealed to the California Appeal Court for an emergency stay of this temporary restraining order while its appeal against the order of the trial judge proceeds.

Read more

Zunar travel ban: Judge recuses herself

Source: FMT News

Zunar was stopped at KLIA from leaving Malaysia on 17 Oct. Pic taken from Zunar's Twitter.

Zunar was stopped at KLIA from leaving Malaysia on 17 Oct. Pic taken from Zunar’s Twitter.

KUALA LUMPUR: A High Court judge today recused herself from hearing the application for leave by cartoonist Zunar to challenge the Immigration Department that has banned him from going abroad.

Judge Hanipah Farikullah decided this in chambers after allowing an application by Zunar’s counsel Latheefa Koya to recuse her.

Latheefa told reporters that she filed an application to recuse the judge on the grounds that she had previously rejected the applications of activist Hishamuddin Md Rais and Petaling Jaya Utara MP Tony Pua Kiam Wee involving the same issue.

Senior federal counsel Mohamad Rizal Fadzil, representing the immigration director-general, home minister and Malaysian government as respondents, said the application would be heard before a new judge.

On Dec 7, 2016, Zunar, whose real name is Zulkiflee SM Anwarul Haque, 55, sought a certiorari order to quash the travel restriction by the respondents which was conveyed to him orally on Oct 17, 2016. Read more

Fahmi Reza gets to fly to Taiwan despite travel ban (VIDEO)

Source: The Malay Mail Online

KUALA LUMPUR, Jan 9 — Activist Fahmi Reza said he managed to fly to Taiwan this morning after speaking to the police about being blacklisted by immigration authorities that prohibited him from travelling abroad.

The graphic artist wrote on his Facebook page Saturday that the police had put him on their “wanted” list and on the immigration blacklist on March 31 last year when he was in Thailand, during which Bukit Aman’s Commercial Crime Investigation Department opened investigations under the Communications and Multimedia Act 1998 over his clown caricature of the prime minister.

“I fought the law, and I won! I’m going to Taiwan! Ending yang tidak dijangka [An unexpected ending],” Fahmi posted on Facebook this morning.

Fahmi said the police inspector who had put him on the “wanted” list was unaware that he was already questioned in February last year by another police officer and by the Malaysian Communications and Multimedia Commission (MCMC). Read more

Aktivis Fahmi Reza dilarang keluar negara

Sumber: FMT News

Graphic artist Fahmi Reza. — MMO file pic

Graphic artist Fahmi Reza. — MMO file pic

PETALING JAYA: Aktivis Fahmi Reza, yang popular kerana melukis karikatur pemimpin politik, tidak boleh keluar negara selepas namanya disenarai hitam imigresen.

Fahmi, dalam satu kenyataan di Facebook berkata penyenaraian itu diketahui selepas dia membuat pemeriksaan dengan imigresen kerana mahu ke Taiwan minggu depan.

Menurutnya, imigresen memaklumkan dia tidak boleh keluar negara sejak 31 Mac tahun lalu.

“Aku fikir ini mesti sebab lukisan muka badut lah, tak ada kes lain. Aku ‘post’ gambar tu pada 31 Januari 2016, aku kena siasat dan kena bagi keterangan pada polis pada 28 Februari 2016. Memang tak ada kes lain lah,” katanya.

Menurut Fahmi, dia kemudian menghubungi pegawai penyiasat kes itu di Bukit Aman dan dimaklumkan dirinya disenarai hitam.

Read more

Zunar: I will challenge travel ban

Source: The Malay Mail Online

Cartoonist Zunar said he woud file a legal challenge to remove the travel ban against him. — Pic taken from the Malay Mail Online.

Cartoonist Zunar said he woud file a legal challenge to remove the travel ban against him. — Pic taken from the Malay Mail Online.

KUALA LUMPUR, Oct 17 — Barred from leaving Malaysia, cartoonist Zunar said today he will file a legal challenge to remove the travel ban against him by order of the Inspector-General of Police.

No stranger to being locked up, the cartoonist whose real name is Zulkiflee SM Anwar Ulhaque panned the travel ban as “yet another form of long list harassment to stop me from drawing cartoons to criticise the government of Malaysia”.

“I will file a legal challenge to remove the ban,” the artist, whose artwork frequently lampoons Malaysian politics and its personalities, said in a statement posted on the blog Cartoon Movement. Read more

Zunar barred from leaving Malaysia

Source: The Malay Mail Online

Zunar was stopped at KLIA from leaving Malaysia on 17 Oct. Pic taken from Zunar's Twitter.

Zunar was stopped at KLIA from leaving Malaysia on 17 Oct. Pic taken from Zunar’s Twitter.

KUALA LUMPUR, Oct 17 — Cartoonist Zulkiflee SM Anwar Ulhaque, better known as Zunar, was barred today from leaving the country ahead of a flight to Singapore.

Zunar said an immigration officer informed him that the travel ban was an instruction from Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar effective last June 24.

“They didn’t give a reason and just cited ‘special reasons’,” Zunar told Malay Mail Online when contacted.

“It’s very strange. Normally, it comes from immigration, but this one was from the police to immigration,” he added.

The cartoonist, who frequently mocks corruption and Malaysian politics, said he was flying to Singapore to give a talk.

Zunar was slapped with nine sedition charges in April last year that could see him face 43 years in prison. Read more