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Group :
Main Topic
Sub-Group :
Travel Restrictions & Travel Bans
URL :
http://www.thestar.com.my/news/nation/2017/07/06/mp-tony-pua-loses-appeal-against-travel-ban/
Publisher :
The Star, Star Publications (Malaysia) Berhad
Date :
06/07/2017
MP Tony Pua loses appeal against travel ban
PUTRAJAYA: The Immigration Department director-general has the authority to stop Malaysians from travelling abroad without giving a reason, a Court of Appeal panel ruled.
The three-man panel, chaired by Court of Appeal judge Justice Mohd Zawawi Salleh, also unanimously dismissed an appeal by Petaling Jaya Utara MP Tony Pua against his travel ban.
The judge encouraged the parties concerned to go to the Federal Court to determine constitutional issues involving personal liberty under Article 5 of the Federal Constitution.
Justice Mohd Zawawi sat with Justices Idrus Harun and Kamardin Hashim.
Justice Idrus said there was no reason for the panel to interfere with the High Court decision made in July last year.
He said “personal liberty” under Article 5 of the Constitution was confined to mounting a challenge against the authorities for unlawful detention and did not extend to travelling abroad.
He also said a citizen’s passport was a privilege and did not grant a right to travel overseas.
“It (passport) is still the Government’s property and the Government has the power to withdraw the passport without providing any reasons,” he said.
Pua, 44, had challenged the director-general’s decision to bar him from travelling overseas, naming the director-general and the Government as respondents.
In his judicial review application, Pua claimed that he was prevented from leaving the country at KLIA2 on July 2, 2015.
Pua, who is DAP national publicity secretary, said he was supposed to leave for Yogyakarta, Indonesia, using his passport, which was valid until April 23, 2020.
He claimed that the decision was ineffective under the law because it was in contradiction of his legitimate rights to travel using his passport.
Pua’s lawyer Gobind Singh Deo said they would file an application for leave to appeal to the apex court.
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