The Attorney-General’s Chambers (AGC) has directed the police to open an investigation into several Immigration Department officers suspected of being involved in a medical visa syndicate.
The move follows the Enforcement Agency Integrity Commission's (EAIC) recommendation to prosecute, based on its in-depth investigation into the officer’s alleged misconduct.
“The AGC confirms that it has received a copy of the EAIC’s findings and decision regarding the immigration officers' involvement in the medical visa case, in accordance with Section 30(1)(c) of the Enforcement Agency Integrity Commission Act 2009.
“After conducting our assessment and review, the AGC has instructed the police to open an investigation to determine whether there are offences committed under the Penal Code or any other laws, including possible violations of the Immigration Act 1959/63 by several suspects,” it said in a response to Malaysiakini.
According to the AGC, the EAIC’s findings and recommendations were received in accordance with the provisions of the EAIC Act.
“Under Section 30 of Act 700 (EAIC Act), the commission has the authority to submit findings and recommendations regarding misconduct by enforcement officers to the public prosecutor,” it said.
The AGC added that at present, the final decision on the number of officers to be charged, as well as the appropriate charges, is still under evaluation and will be based on the results of further investigations to be submitted by the police.
The EAIC submitted its findings and recommendations to the AGC on July 28.
The EAIC said the findings came from a special task force set up to probe the issuance of social visit passes under the medical visa category to foreigners who had not followed the required procedures.
Probe complete, full report submitted
When contacted, the EAIC confirmed to Malaysiakini that the investigation into the medical visa syndicate involving Immigration officers had been completed and that a full report had been submitted to the relevant authorities.
According to the commission, six immigration officers were recommended for disciplinary action for processing and approving long-term social visit passes (treatment visas) without complying with Malaysian Immigration Circular No 10/2001.
Additionally, an administrative and diplomatic officer was also recommended for disciplinary action for failing to supervise subordinates, which is a disciplinary offence under the Public Officers (Conduct and Discipline) Regulations (Amendment) 2002 [PU(A) 246].
“The investigation report submitted to the AGC is subject to consideration of whether there was criminal misconduct, including corruption or abuse of power, before any legal action is initiated,” it said.
The EAIC also emphasised that it upholds transparency and accountability principles in all of its investigations, but the full report would not be disclosed publicly until the AGC and police have completed their deliberations.
“This measure is taken to ensure there is no interference with the ongoing legal process,” the EAIC said.
Examining breaches in approval process
On Oct 15 last year, the EAIC established a special task force led by its commissioner, Razali Ab Malik, to examine issues involving breaches in the medical visa approval process, including reviewing compliance with existing procedures, taking statements from relevant witnesses, seizing documents, and preparing appropriate recommendations for further action by authorities.
The investigation examined the approval of more than 20,000 medical visas issued in a specific state last year.
Malaysiakini was informed that the syndicate charged around RM4,500 per person.
In addition to summoning more than 10 immigration officers for questioning, the EAIC also seized over 150 files from the Immigration Department headquarters in Putrajaya to assist the investigation.
Malaysiakini was also informed that among the prominent individuals believed to be involved in the medical visa syndicate are a senior immigration officer and a businessperson from Johor, known respectively as Tok Yah and DK.
In October last year, Malaysiakini exposed the activities of Tok Yah and DK as among the “big fish” involved in a migrant worker syndicate but remained untouched by the law.
Malaysiakini has also previously handed over a list of individuals allegedly involved in the medical visa syndicate to Home Minister Saifuddin Nasution Ismail. - Mkini
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