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2009 MarsdenLR 939

HIGH COURT SABAH & SARAWAK, KUCHING
SIVARASA K RASIAH – Appellant
Versus
DIRECTOR OF IMMIGRATION SARAWAK & ORS – Respondent


JUDGMENT

Linton Albert J:

[1] The applicant, a Member of Parliament for the Subang Constituency in Selangor and a Vice-President of Parti Keadilan Rakyat was refused entry into Sarawak on 14 February 2009 when he arrived at the Kuching International Airport and unceremoniously booted out of Sarawak on the same day. He was told by the immigration officer who handled him on his arrival that he had for some undisclosed reasons been placed on the black list and was refused entry into Sarawak on the instruction of the State Secretary. A formal notice was handed over to the applicant and it reads in part as follows:

Notice Of Refusal Of Entry

To Sivarasa AL K Rasiah

This serves to notify you that you are refused entry into the State of Sarawak for:

(a) you do not belong to the State of Sarawak and are not entitled to enter the State without a Permit or a Pass by virtue of section 66 (1) of the Immigration Act, 1959/63 ;

SGD: for Director of Immigration Sarawak.

[2] This notice was signed by the immigration officer. Hence this application for leave to seek an order of certiorari (and other consequential reliefs) to quash the decision of the first respondent pursuant to O. 53 Rules of the High 19

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