MALAYSIANS travelling abroad will still be required to pay a departure levy before they are allowed to leave.

In a unanimous decision, the Federal Court today dismissed an application by lawyer R. Kengadharan for leave to commence an appeal over the validity of the Departure Levy Act 2019 and the Departure Levy Order 2019.

The three-member bench was chaired by judge P. Nalllini and presided by member judges Hasnah Mohammed Hashim and Nordin Hassan.

Previously, the High Court and Court of Appeal denied Kengadharan’s legal challenge, where he claimed the departure levy law contravened his fundamental right to travel abroad.

During the online proceedings, Nallini ruled that the Departure Act, among others, does not impinge on an individual’s constitutional right to travel overseas.

She said the act merely provides for the levying of tax on Malaysians wishing to travel abroad, which complies with the Federal Constitution.

Nallini also said Kengadharan should not have relied on the case law of the government of Malaysia v Loh Wai Hong.

In dismissing Kengadharan’s application for leave to appeal, the apex court made no order as to costs as it is a case of public interest.

Kengadharan was represented by counsel A. Srimurugan and Shamsher Singh Thind, while senior federal counsel Suzana Atan appeared for the two respondents: the finance minister and the federal government.

In his originating summons filed in August 2019, Kengadharan sought a declaration that the Departure Levy Act and the Departure Levy Order were in breach of his fundamental right to travel under article 5(1) of the Federal Constitution, and thus cannot be enforced.

In his affidavit to support the suit, Kengadharan claimed any form of tax imposed, including on those who wished to go on a pilgrimage or perform the haj, violated fundamental liberties.

Kengadharan also claimed any imposition of a departure tax, in addition to the existing service and airport taxes, would be burdensome and harsh.

The departure levy was imposed by the Pakatan Harapan government in 2019.

On February 27, 2020, the High Court dismissed Kengadharan’s suit. The Court of Appeal denied his appeal on March 14 this year. – August 3, 2023.