THE Shah Alam High Court today ordered Nigerian Simon Momoh to remain in Malaysia until the case of his judicial review application is disposed, his lawyer said.

Lawyer V. Vemal Arasan said judge Wan Ahmad Farid ordered the Immigration Department to issue Momoh a formal letter extending his special pass for him to remain in Malaysia until the case was closed.

Case management took place this morning for Momoh’s judicial review application filed on April 20.

“The respondents have stated that they will be issuing a formal letter by May 6 allowing Simon’s special pass to be extended under regulation 14 of the Immigration Regulations 1963, for as long as necessary until the disposal of our application,” Arasan told The Malaysian Insight.

Momoh pleaded guilty to drink-driving in March and was sentenced to a day in jail and fined RM12,000.

He paid the fine but was subsequently arrested by Immigration after his release. His visa, which was valid until October 14, 2022, was cancelled.

He was detained at the Semenyih Immigration Detention Centre and released 40 days later on April 23.

“This special pass will allow him to remain here legally pending the deportation order,” the lawyer said.

Arasan said this was a temporary win for his client who would not have to worry about being deported for now.

He added that Momoh and his wife Low Kar Wai were going through a lot following the former’s detention.

The Nigerian national filed a judicial review application to quash Immigration director-general Khairul Dzaimee Daud’s decision to cancel the Nigerian’s visa and subsequently deport him.

Among the reliefs sought in the judicial review are an order to quash the decision to revoke Momoh’s spouse visa and his detention; a stay on the deportation order pending trial; a declaration that section 35 of the Immigration Act is inconsistent with article 5(4) and 4(1) of the federal constitution; and a declaration that section 35, which allows for the detention of non-Malaysian citizens for 30 days, is unconstitutional and invalid.

Momoh is also seeking a declaration that the Khairul and Home Minister Hamzah Zainuddin acted inappropriately and beyond their jurisdiction, and is requesting an injunction to prevent Khairul and Hamzah from making any subsequent decision to revoke Momoh’s visa and issue a detention order.

The court will hear the next case management on May 6. – April 28, 2021.