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Myanmar refugees: Two NGOs obtain leave to proceed with legal action | Malaysia

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Myanmar migrants to be deported from Malaysia are seen inside an immigration truck, in Lumut February 23, 2021. On February 22, the two NGOs filed a judicial review for an order to overturn the government’s decision to deport the refugees, including children, being held in the country’s immigration detention centres. They were scheduled to be sent back onboard Myanmar navy ships. — Reuters pic
Myanmar migrants to be deported from Malaysia are seen inside an immigration truck, in Lumut February 23, 2021. On February 22, the 2 NGOs filed a judicial evaluation for an order to overturn the federal government’s determination to deport the refugees, together with youngsters, being held within the nation’s immigration detention centres. They had been scheduled to be despatched again onboard Myanmar navy ships. — Reuters pic

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KUALA LUMPUR, March 9 — Two non-governmental organisations (NGOs) have obtained depart to proceed with a judicial evaluation to problem the Malaysian authorities’s determination to repatriate 1,200 Myanmar refugees.

This follows the choice by Excessive Courtroom choose Datuk Seri Mariana Yahya in dismissing the Legal professional Basic’s Chambers’s (AGC) objection in opposition to the applying for depart for judicial evaluation by the 2 NGOs, Asylum Entry Berhad and Aimal Sdn Bhd.

Lawyer Lim Wei Jet, who was representing the 2 NGOs, when contacted mentioned the court docket rejected the AGC’s argument that each NGOs lacked locus standi to file the judicial evaluation software.

“It (the court docket) held that NGOs play an essential function in as we speak’s society to vindicate the rights of the weak. The court docket acknowledged that we stay as we speak in a way more liberal society the place ideas of accountability and transparency are half and parcel of our lives,” the lawyer mentioned.

Lim mentioned the court docket additionally rejected the AGC’s argument that selections of the respondents are immune from judicial evaluation (besides on procedural non-compliance) due to the ouster clause in Part 59A of the Immigration Act.

The respondents within the software had been the Immigration director-general, the Dwelling Minister and the Malaysian authorities.

The supply states that the choices of the Immigration director-general or Dwelling Minister are solely topic to judicial evaluation in the event that they contain the problem of procedural compliance.

“The court docket dominated that the judicial evaluation software isn’t frivolous and vexatious, and thus must be subjected to a full listening to,” the lawyer mentioned, including that the court docket has fastened March 23 for the subsequent case administration.

In the meantime, the lawyer mentioned the court docket additionally granted a keep in opposition to the Immigration director-general and the Dwelling Minister from deporting the remaining 114 Myanmar nationals till the disposal of all the judicial evaluation.

Justice Mariana delivered her determination as we speak by way of on-line proceedings, and she or he was joined by Senior Federal Counsel S. Narkunavathy, Ahmad Hanir Hambaly, Mohd Sabri Othman and M. Kogilambigai whereas the attorneys representing the candidates had been Datuk Ambiga Sreenevasan, Datuk Dr Gurdial Singh, New Sin Yew and Gokul Radhakrishnan.

On February 22, the 2 NGOs filed a judicial evaluation for an order to overturn the federal government’s determination to deport the refugees, together with youngsters, being held within the nation’s immigration detention centres. They had been scheduled to be despatched again onboard Myanmar navy ships.

Of their software, they claimed that if the refugees had been despatched again to Myanmar, their lives can be in danger.

In a press assertion on February 23, Immigration director-general Datuk Khairul Dzaimee Daud mentioned {that a} whole of 1,086 Myanmar nationwide unlawful immigrants detained at immigration depots nationwide since final yr had been deported through the Royal Malaysian Navy (RMN) base in Lumut.

The repatriation programme was carried out by his division in collaboration with the Malaysian Armed Forces, particularly the RMN, the Nationwide Process Drive and the Myanmar Embassy. — Bernama

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