Ambiga fails to challenge Sabah's immigration ban

KOTA KINABALU: Former Bersih chair Datuk Ambiga Sreenevasan (pic) lost her bid to challenge Sabah’s Immigration ban on her entry into the state in November 2014.

Judicial Commissioner Gabriel Gumis denied Ambiga's application in chambers as the High Court cannot review the powers of the state’s Immigration Department.

According to Ambiga’s lawyer, James Tsai, the court ruled that the matter of immigration cannot be reviewed based on the decision of a Federal Court case - Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan, 2002.

He said in that case, the High Court held that the ouster clause in section 59a of the Immigration Act 1959/63 meant that the courts had no grounds for judicial review of the Sabah government's decision.

Tsai said that the powers of Immigration granted to Sabah was only tested once in the courts in the case of Sugumar, whose permanent residency in Sabah was revoked by the state government.

The court also did not allow for any judicial review as Ambiga had failed to give valid reasons on why she was entitled to enter Sabah.

Ambiga was planning a visit to Sabah on Nov 25, 2014 for a programme with Negara-Ku movement, of which she is patron.

In January, Ambiga, a lawyer in the peninsular, had sought leave application for a judicial review of the state’s refusal to allow her to enter, which it conveyed through a Notice of Refusal of Entry dated Nov 14, 2014, by the Director of Immigration.

She named Sabah Immigration director Noor Alam Khan Wahid Khan, Ghulam Jelani Khanizaman (in his capacity as State Authority under Section 62 of the Immigration Act 1959/63), Chief Minister of Sabah (as State Authority under Section 62 of the Immigration Act 1959/63 as Minister responsible for Immigration) and Moktar Yassin Ajim (in his capacity as the Secretary of the Internal Affairs and Research for the State) as respondents.

She had sought an Order of Certiorari to quash the notice of refusal into the state and an Order of Mandamus to compel the respondents to allow her entry.

In her statement of claim she said Negara-Ku, a non-governmental organisation advocating national unit,y had over 80 non-governmental organisations involved in citizens’ movement for nation-building.

On March 16, this year, Ambiga was granted leave by the High Court here for a judicial review.