Court rejects Maria Chin’s bid to review travel ban

KUALA LUMPUR: The High Court has thrown out an application by Bersih 2.0 chairman Maria Chin Abdullah to review a travel ban imposed on her last year.

High Court judge Justice Nik Hasmat Nik Mohamad held that the decision of the Immigration Department director-general and Home Minister to impose a travel ban could not be reviewed as stated under Section 59A of the Immigration Act.

“It is very clear. There shall not be any judicial review for any act or decision made by the Immigration director-general or the Home Minister except for procedural non-compliance.

“The intention of the legislation is to not allow the decision of both respondents to be questioned or reviewed unless for procedural non-compliance,” she said in dismissing Maria’s application for a judicial review yesterday.

Besides that, Justice Nik Hasmat said the application was merely academic, as the decision to blacklist Maria from travelling overseas was lifted on May 17, 2016, two days after she was banned from leaving the country.

Maria was informed of her travel ban shortly before she was to board a flight to South Korea on May 15, last year at the Kuala Lumpur International Airport.

“There is no provision in the Immigration Act for any right to be heard or right to be informed of the reasons (for imposing travel ban),” Justice Nik Hasmat said.

She said the law did not confer an obligation on the part of the minister to give reasons relating to travel ban imposed on Maria.

On the personal liberty, Justice Nik Hasmat held that it did not extend to travel overseas with a valid passport.

“She is still free to move in the country and free to earn her livelihood,” said the judge, adding that travelling overseas was also a privilege. There was no order as to costs.

In an immediate response, Maria said she was very disappointed with the ruling.

Maria’s lead counsel Datuk Gurdial Singh Nijar said they would appeal.

Senior federal counsel Shamsul Bolhassan acted for the respondents.

In her application for leave, Maria had named the Immigration Department director-general and Home Minister as respondents.

Maria said the authorities failed to take into account that she was travelling to South Korea to attend a human rights conference and receive an award.