Court Sets April 15 To Hear Hishamuddin Rais’ Application Challenging Immigration

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KUALA LUMPUR, March 24 – The High Court has fixed April 15 to hear an application for leave for judicial review filed by activist Hishamuddin Md Rais to challenge the Immigration Department which forbade him from going overseas in December last year.

Deputy Registrar Nor Hasniah Ab Razak set the date during case management in her chambers today, attended by lawyer Melissa Sasidaran representing Hishamuddin. Sasidaran told reporters that her client’s application would be heard before High Court judge (Appellate and Special Powers) Datuk Hanipah Farikullah.

Hishamuddin as the applicant, filed the application on March 3, naming the Immigration Department director-general, home minister and the Malaysian Government as respondents. He is seeking a declaration that the travel restrictions imposed on him on Dec 3, 2015, infringed on his freedom of movement, in accordance with Article 9 of the Constitution and therefore, it was void, invalid and unconstitutional.

Hishamuddin also sought an order of certiorari to quash the Travel Restriction Directive communicated orally against him by an immigration officer on Dec 3, in addition to seeking a mandamus order to instruct the director-general to allow him to travel abroad without restrictions. He is claiming damages or compensation for the denial of the rights provided under the Federal Constitution, costs and other relief deemed fit by the court. 

In his supporting affidavit, Hishamuddin said he was at the KL International Airport to board a flight to South Korea when he was stopped by immigration officers from leaving despite having a passport and a valid flight ticket. The activist said although he was charged with sedition, he was never restricted or barred by any authority from travelling abroad, prior to that day. 

Hishamuddin also sought an order of certiorari to quash the Travel Restriction Directive communicated orally against him by an immigration officer on Dec 3, in addition to seeking a mandamus order to instruct the director-general to allow him to travel abroad without restrictions. He is claiming damages or compensation for the denial of the rights provided under the Federal Constitution, costs and other relief deemed fit by the court. 

In his supporting affidavit, Hishamuddin said he was at the KL International Airport to board a flight to South Korea when he was stopped by immigration officers from leaving despite having a passport and a valid flight ticket. The activist said although he was charged with sedition, he was never restricted or barred by any authority from travelling abroad, prior to that day.

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