THE Shah Alam High Court today granted leave for Nigerian Simon Momoh’s judicial review application, said his lawyer V. Vemal Arasan.

“Leave for judicial review was granted today. There were no objections from the respondents,” Arasan told The Malaysian Insight.

“The Immigration Department also gave a formal letter extending Momoh’s pass until the hearing of this case is over.”

Last month, 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 disposed.

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

He paid the fine but was subsequently arrested by the department 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.

He subsequently filed a judicial review application on April 20.

He is seeking 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 Khairul and Home Minister Hamzah Zainuddin acted inappropriately and beyond their jurisdictions, 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.

Momoh is being represented by Arasan and James Joshua Paulraj, while Ahmad Hanir Bin Hambaly (Senior Federal Counsel) and Liyana Binti Muhammad Fuad (Attorney-General’s Chambers) are acting for the respondents.

The court will hear the next case management on June 1. – May 6, 2021.