NUR MUHAMED BIN MUGUL AHMED Ketua Pengarah, Jabatan Imigresen Malaysia

NUR MUHAMED BIN MUGUL AHMED Ketua Pengarah, Jabatan Imigresen Malaysia

Applicant, as UNHCR cardholder permitted temporary stay in Malaysia, could not be treated as illegal immigrant under s56(2) Immigration Act; therefore detention under s34(1) was procedurally non-compliant and unlawful; supporting affidavit by spouse admissible under s367 CPC; writ of habeas corpus must issue and applicant released immediately.

Citation
KA-44-2-02/2023 (Mahkamah Tinggi)
Parties
Pemohon: Nur Muhamed bin Mugul Ahmed (UNHCR No: 512-04C00621); Responden: Ketua Pengarah, Jabatan Imigresen Malaysia; Responden: Pengarah, Depot Imigresen Belantik, Sik, Kedah; Responden: Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 June 2023
Case Number
KA-44-2-02/2023 (Mahkamah Tinggi)
Procedural Posture
Habeas Corpus (criminal Application) / Judgment (high Court, Alor Setar)
Outcome
Application allowed; writ of habeas corpus issued; applicant ordered released immediately.
Legal Topics
Habeas Corpus, Detention and Removal Orders, UNHCR Cardholder Status, Procedural Compliance in Detention, Admissibility of Supporting Affidavits, Correction of Affidavits
Source Language
Malay/English
Immigration Law Constitutional Law Criminal Procedure Administrative Law International Law Habeas Corpus Detention and Removal Orders UNHCR Cardholder Status +3 more

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Parties

Nur Muhamed bin Mugul Ahmed (UNHCR No: 512-04C00621)

Pemohon

Ketua Pengarah, Jabatan Imigresen Malaysia

Responden

Pengarah, Depot Imigresen Belantik, Sik, Kedah

Responden

Kerajaan Malaysia

Responden

Procedural Posture

Habeas Corpus (criminal Application) / Judgment (high Court, Alor Setar)

Legal Issues

  1. 1 Whether a supporting affidavit by a third party (spouse) is admissible under sections 366/367 Criminal Procedure Code
  2. 2 Whether detention under Prevention of Crime Act 1959 (Act 297) that expired before filing affects subsequent immigration detention
  3. 3 Whether section 56(2) Immigration Act 1959/63 (Act 155) applies to a UNHCR cardholder

Ratio Decidendi

Applicant, as UNHCR cardholder permitted temporary stay in Malaysia, could not be treated as illegal immigrant under s56(2) Immigration Act; therefore detention under s34(1) was procedurally non-compliant and unlawful; supporting affidavit by spouse admissible under s367 CPC; writ of habeas corpus must issue and applicant released immediately.

Court Disposition

Application allowed; writ of habeas corpus issued; applicant ordered released immediately.

Orders

  • Writ of Habeas Corpus issued for release of Nur Muhamed bin Mugul Ahmed and applicant to be released immediately
  • Respondents' application for extension of time to file correcting affidavits allowed; corrective affidavits to be filed in accordance with the court's directions (previously filed corrective affidavits at Kandungan 31 and 32 are void)