High Court rules the Immigration D-G has power to bar overseas travel

KUALA LUMPUR: A High Court has ruled that the Immigration director-general has the power to bar a person from travelling overseas.

On Wednesday, High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah ruled that Section 3(2) of the Immigration Act clearly states that the director-general shall have the general supervision and direction of all matters relating to the Immigration, which means that it includes to bar a person from travelling overseas.

"I have seriously perused the Immigration Act on the powers of the director-general and others," she said.

Justice Hanipah said this in dismissing a judicial review bid by Petaling Jaya Utara MP Tony Pua (pic) to challenge the Immigration Department director-general’s decision to stop him from travelling overseas.

"I am of the view that Pua has no constitutional right to travel overseas," she said in her judgment.

She said it was also clear from relevant documents that the decision to bar Pua from travelling overseas was issued by the Immigration director-general and not the Inspector-General of Police.

Justice Hanipah said Article 5 of the Federal Constitution on personal liberty of the person does not cover the right to travel and the right to a passport.

She said Article 9 of the Federal Constitution which states on the right of citizen to move freely but it was silent on right to travel overseas and carry a passport.

"The citizen has no constitutional right to leave the country. In certain circumstances, the government can stop a citizen who have a criminal charge against him," she said.

On the complaint by Pua that he was not given right to be heard, Justice Hanipah said Section 59 of the Immigration Act was very clear on exclusion on the right to be heard.

She did not issue any order as to costs after the Senior Federal Counsel Shamsul Bolhassan said they did not seek for costs as it involved public interest.

Pua's lawyer Gobind Singh Deo said they would study the judgment and decide whether to appeal against the ruling to test on the applicability of the Section 3(2) of the Immigration Act.