Deportation of Myanmar nationals to be addressed in court, says Ambiga


Noel Achariam Kalidevi Mogan Kumarappa

A bus believed to be carrying Myanmar migrants seen heading towards the naval base in Lumut, February 23. Amnesty International Malaysia and Asylum Access Malaysia are shocked by the Immigration Department’s move to repatriate 1,086 detainees despite an order by the Kuala Lumpur High Court against it. – AFP pic, February 23, 2021.

THE Immigration Department’s decision to ignore a court order halting the deportation of 1,086 Myanmar detainees will be addressed in court tomorrow, said Ambiga Sreenevasan.

The prominent lawyer, who is representing Amnesty International Malaysia and Asylum Access Malaysia, said they were shocked by the turn of events in the face of a court order.

“This is unacceptable and we will address it before the court tomorrow.

“It appears to be a total disrespect for the court order and we are examining the timeline before we contemplate the next course of action,” she told The Malaysian Insight tonight.

Earlier Malaysia deported 1,086 Myanmar nationals just weeks after a coup, despite the court order and a storm of criticism from rights groups.

The migrants were ferried on buses and trucks to a military base in Lumut, on Malaysia’s west coast, where three Myanmar navy ships had docked.

This afternoon, the Kuala Lumpur High Court granted an interim stay against the Malaysian government from deporting the migrants.

This was after Amnesty International Malaysia and Asylum Access Malaysia jointly filed for a judicial review in the Kuala Lumpur High Court to stop the government’s planned deportation of the individuals back to Myanmar.

The Myanmar nationals were scheduled to be deported by the Myanmar navy today at the Lumut naval base.

Instead, the court ordered a leave hearing scheduled for 10am tomorrow.

Ambiga said that as they address the issue, they are also concerned for the deportees, who are likely to face an uncertain and unsafe situation at home.

“There are approximately 114 deportees left behind and we still have work to do to ensure their safety and the safety of others who may be put in a similar predicament.”

Bar Council Migrants, Refugees and Immigration Affairs Committee chairperson M Ramachelvam said the action taken by the government with deporting the Myanmar nationals is tantamount to contempt of a stay order granted by the court.

“We feel that this should not have been done when the court has made a clear order stating that there should be a stay until tomorrow 10am for the court to hear the lift application to make other ancillary orders.

“So, what had happened, should never have happened because we have laws. The court has given the orders, so everyone should comply with the court orders.”

He said that as for the authorities, they would have been aware of the court order (interim stay application). 

“The Attorney-General’s chambers were represented when the order was made, with the presence of the representative from the Attorney-General’s office. 

“So, definitely the authority should be aware of the order. As it is tantamount (to) contempt, but of course the lawyers would initiate the relevant proceedings to obtain lift for contempt. So, the necessary legal process (has) to take place.” – February 23, 2021.


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