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2018 MarsdenLR 392

HIGH COURT MALAYA KUALA LUMPUR
ZULKIFLEE SM ANWARUL HAQUE – Appellant
Versus
KETUA PENGARAH JABATAN IMIGRESEN MALAYSIA & ORS – Respondent


[1] In the Originating Summons (Encl 1), the applicant is seeking the following reliefs:

(i) an order of Certiorari to quash the travel ban imposed by the respondents against the applicant;

(ii) a declaration that the travel ban imposed on the applicant is in breach of art 5(1), art 8 and/or art 9 of the Federal Constitution and is therefore null, void and unconstitutional;

(iii) a declaration that the respondents have no power to impose the travel ban and had acted beyond their jurisdiction;

(iv) a declaration that the respondents have no unfettered discretion in imposing the travel ban;

(v) a declaration that the respondents cannot act under s 59 and s 59A of the Immigration Act 1959/63 ("Act 155") to deny the right to natural justice as this contravenes art 160 read with art 4 of the Federal Constitution;

(vi) a declaration that s 59 of the Immigration Act 1959/63 which excludes a right to be heard and s 59A which excludes judicial review, is ultra vires the Federal Constitution;

(vii) an order or mandamus to compel the respondent to allow the applicant to travel abroad with no restriction;

(viii) an order of prohibition to prohibit the respondents from making any decision or direct

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