Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Procedure/intitulement
  • 7 Sept 2023

    SUKDEV SINGH A/L KERTHA SINGH

    Citation
    PB-44-6-05/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PB-44-6-05/2023 (Mahkamah Tinggi)

    The application was dismissed because the relief sought (restraining deportation and mandamus) required a judicial review procedure and compliance with rules governing prerogative writs (Order/Rule 53 and relevant statutory provisions); the High Court did not have jurisdiction to grant the relief in an originating criminal application, the wrong respondent was named for immigration relief (DPP rather than Director General of Immigration), and statutory power to remove under Immigration Act s33 rests with the Director General.