Maria Chin's travel ban challenge dismissed

A three-member Court of Appeal bench today dismissed former Bersih 2.0 chairperson Maria Chin Abdullah's challenge to the travel ban imposed on her in 2016 by the Immigration Department, ruling that her application is academic.

The authorities barred Maria from travelling to South Korea to receive an award – the Gwanju Human Rights Prize – on behalf of the electoral watchdog on May 15, 2016.

Justice Umi Kalthum Abdul Majid, who led the Court of Appeal bench, said there was no travesty of justice.

"The appeal is dismissed with no order as to costs," she said.

The other judges were Justice Zaleha Yusof and Justice Yaacob Sam.

Maria's lawyer Gurdial Singh Nijhar told reporters outside court that the appellate court had abdicated its duty by not deciding on the matter, arguing that it is not academic, as the travel ban was removed that same year, two days after the award ceremony.

"The ban was imposed on her by the Immigration Department director-general for allegedly tarnishing the country's image.

"We wanted to challenge the director general's unfettered discretion to impose the ban. If you are being investigated for an offence or are guilty of an offence, then the immigration may have the right. But here, her ban was imposed for allegedly tarnishing the country."

Gurdial (photo) said there were no police reports made, nor any letter from the inspector-general of police asking the Immigration Department to impose the ban.

Hence, the senior lawyer and former academician said, “We wanted to challenge the ban as the right to travel is a democratic right and the decision imposed by the Immigration Department director-general is as if it is his dictatorship power.”

Maria expressed her disappointment that the appellate court declined to rule or decide on her matter as the travel ban decision was made after rumours were spread that she would be part of the Trans-Pacific Partnership Agreement protest and that she was organising a forum - which did not take place.

In the judicial review application she filed on Aug 16, 2016, Maria named the director-general of Immigration and the Home Ministry as respondents.

During the proceedings, Justice Umi Kalthum also asked Gurdial how the appellant could ask the court to give a judgment on something in the future, to bar the immigration director-general from imposing a travel ban on her.

Senior federal counsel Shamsul Bolhassan, who appeared for the Home Ministry and the Immigration Department, said the appeal had now become academic and questioned how the appellant could appeal on something that is hypothetical.

Maria’s first challenge against the travel ban was dismissed by the High Court in Kuala Lumpur on May 17, last year, resulting in this appeal. -Mkini