Australian independent senator Nick Xenophon has filed a judicial review application seeking an order for the Immigration Department to quash the Notice of Refusal of entry and allow him into the country.
The application was filed through his lawyer Ranjit Singh at the Kuala Lumpur High Court yesterday in which he named the director-general of Immigration as the sole respondent.
He is also seeking damages, order as to costs and other relief deemed fit by the court.
Xenophon (right), a lawmaker from South Australia, grabbed the headlines, when he was held for 15 hours and deported back to Australia on arrival at the Low Cost Carrier Terminal in Sepang on Feb 16.
In his supporting documents, Xenophon states that the department had acted wrongly in law and acted in excess of its jurisdiction by making a decision without taking into account that he was to engage in a non-partisan dialogue with the BN, and Pakatan Rakyat lawmakers along with the Election Commission.
The Australian politician also said that he was also in Malaysia to seek legal options over the defamatory statements made against him by the Malaysian media prior to his February visit.
The senator had filed suits against several newspapers for allegedly labelling him as being anti-Islam.
The application was filed through his lawyer Ranjit Singh at the Kuala Lumpur High Court yesterday in which he named the director-general of Immigration as the sole respondent.
He is also seeking damages, order as to costs and other relief deemed fit by the court.
Xenophon (right), a lawmaker from South Australia, grabbed the headlines, when he was held for 15 hours and deported back to Australia on arrival at the Low Cost Carrier Terminal in Sepang on Feb 16.In his supporting documents, Xenophon states that the department had acted wrongly in law and acted in excess of its jurisdiction by making a decision without taking into account that he was to engage in a non-partisan dialogue with the BN, and Pakatan Rakyat lawmakers along with the Election Commission.
The Australian politician also said that he was also in Malaysia to seek legal options over the defamatory statements made against him by the Malaysian media prior to his February visit.
The senator had filed suits against several newspapers for allegedly labelling him as being anti-Islam.
'Deportion decison unfair'
He claimed the authorities had made up a false reason to deny him entry and acted for political rather than legitimate reasons to deport him, classifying him a security risk.
The senator also claimed that the immigration department had failed to exercise discretion and arrived at a decision to bar him that was substantially unfair and not in accordance with the law.
In a prepared statement, Xenophon said he had filed proceedings at the KL Court to seek leave (permission) to issue a judicial review to overturn the immigration department's decision in not granting him entry into West Malaysia.
He also stated that he had been to Malaysia prior to February without any problems and the purpose of his visit with three other Australian MPs namely Senator Dr Mal Washer, Senator Steve Georganos, and Senator John William was to meet EC secretary Kamaruddin Baria, and Minister in the Prime Minister's Department Nazri Abdul Aziz.
The entourage was also supposed to meet opposition leader Anwar Ibrahim, representatives from the Bar Council and a Bersih 2.0 representative.
The senator had been present at the massive Bersih rally on April 28 last year along with several other foreign observers.
Ranjit in the statement said that his client was denied entry on the grounds of being a security risk.
The senator also claimed that the immigration department had failed to exercise discretion and arrived at a decision to bar him that was substantially unfair and not in accordance with the law.
In a prepared statement, Xenophon said he had filed proceedings at the KL Court to seek leave (permission) to issue a judicial review to overturn the immigration department's decision in not granting him entry into West Malaysia.
He also stated that he had been to Malaysia prior to February without any problems and the purpose of his visit with three other Australian MPs namely Senator Dr Mal Washer, Senator Steve Georganos, and Senator John William was to meet EC secretary Kamaruddin Baria, and Minister in the Prime Minister's Department Nazri Abdul Aziz.
The entourage was also supposed to meet opposition leader Anwar Ibrahim, representatives from the Bar Council and a Bersih 2.0 representative. The senator had been present at the massive Bersih rally on April 28 last year along with several other foreign observers.
Ranjit in the statement said that his client was denied entry on the grounds of being a security risk.
Deep admiration for M'sians
"Thus, Senator Xenophon has issued proceedings challenging the decision to deny him entry.
"He denies he is a security risk and takes the position that the real reason he was denied entry was for political rather than legitimate reasons.
"Senator Xenophon has told me to inform the Malaysian public that he has deep admiration and affection for the people of Malaysia and would very much like to be able to visit Malaysia again in the future," said Ranjit.
In Xenophon's affidavit supporting the application, the senator said while held by immigration, he was told by an immigration officer that "orders came from above" in terms of him being a security concern.
"I was on a peaceful mission in Kuala Lumpur for the purposes which I have stated (to attend a forum).
"Senator Xenophon has told me to inform the Malaysian public that he has deep admiration and affection for the people of Malaysia and would very much like to be able to visit Malaysia again in the future," said Ranjit.
In Xenophon's affidavit supporting the application, the senator said while held by immigration, he was told by an immigration officer that "orders came from above" in terms of him being a security concern.
"I was on a peaceful mission in Kuala Lumpur for the purposes which I have stated (to attend a forum).
"I am also puzzled as to how he could be viewed as a security threat within Section 8 (3) of the Immigration Act."
The senator denied Home Minister Hishammuddin Hussein's statement on his deportation that he may cause disorder in the country and had made humiliating remarks about Malaysia.
"Whilst I did attend the Bersih 3.0, I did so as an observer. I was certainly not an observer for the opposition but as an observer in my position as a foreign parliamentarian, as part of the International Observer Group. Members of the group also attended the Bersih 3.0," he said in the affidavit.
"I state that the real reason why I was barred entry was because of my perceived close association with Anwar.
The senator denied Home Minister Hishammuddin Hussein's statement on his deportation that he may cause disorder in the country and had made humiliating remarks about Malaysia.
"Whilst I did attend the Bersih 3.0, I did so as an observer. I was certainly not an observer for the opposition but as an observer in my position as a foreign parliamentarian, as part of the International Observer Group. Members of the group also attended the Bersih 3.0," he said in the affidavit.
"I state that the real reason why I was barred entry was because of my perceived close association with Anwar.
"Pakatan led by Anwar has made substantial grounds in the March 2008 elections in Malaysia. Since then, Pakatan has gained further ground and poses a threat to BN."
Xenophon went on to describe "the decision by the Immigration DG was both extraordinary and surprising".
He then urged the Malaysian government to allow him entry into the country.
Xenophon went on to describe "the decision by the Immigration DG was both extraordinary and surprising".
He then urged the Malaysian government to allow him entry into the country.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.