The court found that due process was followed in the applicant's detention under the Immigration Act, rejecting claims of unlawful detention.

JUDGMENT

Collin Lawrence Sequerah J:

(A) Introduction

[1] The applicant filed a Notice of Motion dated 16 January 2021 to obtain the following orders:

i. An Order of Writ of habeas corpus issued to allow the applicant to be released immediately.

ii. An Order that the applicant's passport which is in the custody of Royal Malaysian Police and/or Immigration Department of Malaysia be returned immediately to the applicant on the date of this Order given by the Court.

iii. An Order that the applicant be brought to the Honourable Court for the purpose of and during this trial.

iv. In furtherance and after the applicant is released, an Order that the applicant shall not be arrested or re-detained on similar or related grounds.

v. An Order that the applicant will not be imposed any restrictions under s 51(5)(b) Immigration Act 1959/1963 or any related laws; and

vi. Any other orders/instructions as the Honourable Court may deem fit and reasonable including any general remedy and/or exemplary relief.

(B) Background

[2] The applicant is 49 years' old and a citizen of Bangladesh and is a holder of a Social Visit Pass known as "My Malaysia Second Home" (MM2H).

[3] The applicant was arrested on 3 December 2020, at approximately 12.50am at a residence at D-32-03, Havana Seri Maya Condominium, Jalan Jelatek, Dato Keramat Kuala Lumpur by police from Bukit Aman Headquarters ("PDRM") in an operation conducted upon suspicion of having committed an offence under the Immigration Act 1959/63 ("Act 155").

[4] The investigation papers were then referred to the Deputy Public Prosecutor, Prosecution Division, Attorney General's Chambers ("DPP") on 23 December 2020 for views, advice and further instructions.

[5] Based on the outcome of the investigation, it was found that the applicant is involved in the irregularity of management and acceptance of the issuance of Passes, including Temporary Employment Visit Pass/Social Visit Pass (MM2H).

[6] The DPP having considered the police's recommendation, ordered the applicant to be handed over to the Malaysian Immigration Department ("JIM") "untuk tindakan Jabatan dan disenaraihitamkan" or be handed over to the Immigration Department to be blacklisted.

[7] Subsequent thereto, on 29 December 2020, the PDRM transferred the case to JIM for further action where TPPI Ahmad Safian bin Kamal from the Operations, Investigation and Prosecution Division, Headquarters of JIM, formally arrested the applicant who was officially surrendered by Insp Niclaus Rorote ak Rorote @ Clarence from IPD Bukit Aman.

[8] On 29 December 2020, a Notice of Detention under s 51(5)(b) of Act 155, by virtue of the power to arrest accorded to immigration officer under s 51(3)(a) of Act 155, was issued to the applicant by TPPI Ahmad Safian bin Kamal from the Enforcement Division, JIM for a period of 14 days from 29 December 2020 to 11 January 2021.

[9] On 8 January 2021 the Deputy Public Prosecutor, JIM, after reviewing the outcome of investigations, the evidence provided and after considering the recommendations proposed by JIM, instructed JIM to "ambil tindakan Jabatan terhadap subjek" or take departmental action against the subject.

[10] Accordingly on 8 January 2021, the Investigation Unit, JIM through the Deputy Director of Investigation and Prosecution Operations Division, JIM, applied for cancellation of the applicant's MM2H under s 9(1)(b) of Act 155 for the approval of the Director General of Immigration ("DGI").

[11] On the same day, the DGI having been satisfied with the investigation, approved the application and issued a Notice of Cancellation of Pass to the applicant in accordance with s 9(1)(b) of Act 155.

[12] The Notice of Cancellation of Pass was served on the applicant by Immigration Officer (IO), Norazlinda binti Sadri pursuant to s 9(3) of Act 155 on 8 January 2021 and the contents thereof explained in the Malay language to wit that the applicant has been involved with the irregular acceptance and management of several passes such as Temporary Em