A lawyer has claimed that several documented migrant workers who had been sentenced to a one-month jail term for defying the movement control order (MCO) are now facing deportation by the Immigration Department.
Lawyer Balakrishna Balaravi told Malaysiakini that he represented four Bangladeshi documented migrant workers who were arrested in an industrial area near Menglembu, Perak on March 31.
He explained that the workers were on their way back to their hostel when they were stopped by the police and arrested for violating the MCO.
The workers had earlier been having dinner at their factory’s canteen which was located 200 metres away from the hostel.
Balakrishna said the four workers were charged at the Ipoh Magistrate’s Court on March 2.
According to the charge sheet, they had breached Section 3(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020.
They were denied bail and were then remanded.
The workers’ employers engaged Balakrishna on April 29 who then filed for a revision at the Ipoh High Court and the revision for bail was allowed.
The Ipoh High Court also ordered the case to be produced at the Magistrates Court on the same day.
The accused pleaded guilty and were sentenced to a one-month jail term. They were supposed to be released on the same day as they had served their term in jail after they were not allowed bail.
However, contrary to Balakrishna’s expectation, the four Bangladeshi workers were handed over to the Immigration Department and detained at the Langkap Immigration Detention Centre and are currently awaiting deportation.
Balakrishna argued that his clients should not have been handed over to the Immigration Department and they definitely should not be facing deportation.
Stressing that his clients’ offence had a huge distinction when compared with criminal cases, Balakrishna pointed out how an expatriate speeding on his motorcycle would only be fined by the Road Transport Department instead of getting deported.
“(My clients) were handed over to the Immigration Department when they did not commit any immigration offence,” he said.
Balakrishna further pointed out how the workers had already received punishment and served out their sentences. Their employers, too, have suffered in the process.
Therefore, the decision to deport the workers was unfair, stressed Balakrishna.
“Deporting them is too extreme. Because this not only affects the employees, their whole life has been turned upside down overnight and it also affects the employers.
“It is too difficult to get documented workers and we currently have 2.5 to 3 million undocumented workers, yet you want to deport the legalised ones for such a small and trivial matter?”
Balakrishna pointed out since most small and medium-sized enterprises rely on migrant workers, the Immigration Department’s decision would definitely make it harder for SMEs.
Balakrishna said he has since written a letter to the Immigration Department and the Human Resources Ministry.
A copy of the letter was also sent to the Human Rights Commission of Malaysia (Suhakam) for the latter to look into the matter.
The lawyer said he will be filing a habeas corpus application to the High Court if there is no reply forthcoming from the Immigration Department.
Malaysiakini has contacted the Immigration Department’s director-general on this matter and is awaiting a response.
This is not the first case involving documented migrant workers getting deported for violating the MCO.
Workers from Myanmar who celebrated a festival are also reportedly facing deportation.
The workers participated in a water festival at Bandar Baru Salak Tinggi during the MCO and were fined RM1,000 each by the Sepang Magistrates Court.
Free Malaysia Today quoted their lawyer G Rajasingam as saying that the 41 were freed after settling their fines but were handed over to the Immigration Department as ordered by the court.
The article also quoted another lawyer who declined to be named as saying that the workers would be held at an immigration depot and could be deported to their country later. - Mkini
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