Australian Senator Nicholas Xenophon has failed in his bid to challenge the decision of the Malaysian Immigration Department Director-General (D-G) barring him from entering Malaysia in February last year.
Malaysian High Court judge Justice Zaleha Yusof allowed a preliminary objection raised by the Attorney-General’s Chambers against his application for leave. Justice Zaleha held that the Malaysian Immigration Act of 1959 did not allow a review of the decision in Xenophon’s case, and dismissed the application for leave but did not make any order as to costs upon meeting the parties in chambers.
Xenophon sought for leave for a judicial review to overturn the decision by the D-G made on Feb 16 last year refusing him entry into Peninsular Malaysia.
Xenophon challenged the decision to deny him entry into Malaysia as he was a ‘security risk’ and applied to the High Court in Malaysia to quash the notice of refusal issued by the D-G. He sought for an order to compel the D-G, who was named as the sole respondent in his court papers, to allow his entry into Malaysia, as well as damages, costs and further relief deemed fit by the court
In his affidavit in support of the application, Xenophon said he was informed by immigration officials upon his arrival at the Kuala Lumpur Low Cost Carrier Terminal (LCCT) on Feb 16 that he was on a ‘watch list’ and under instructions to refuse his entry. Among others, Xenophon said the D-G had erred in law and was unfair to him in issuing the order.
Xenophon contended that his trip to Malaysia was to attend pre-arranged meetings on Feb 18 and 19, including calling on then minister in the Prime Minister’s Department Datuk Seri Nazri Aziz and Opposition leader Datuk Seri Anwar Ibrahim. He said he was also to be accompanied by three of his federal parliamentary colleagues.
Source: The Star