KUALA LUMPUR, June 2 — Nigerian Simon Adavize Momoh can continue to stay on in Malaysia with his Malaysian wife and their two young children now that the High Court in Shah Alam has quashed both the Immigration Department’s cancellation of his spouse visa and his deportation order.
Judge Shahnaz Sulaiman ruled in favour of Simon this morning.
‘Now for the reasons aforesaid, this court is satisfied there are merits to this application, therefore this court allows this application for order of certiorari on the respondents to revoke the applicant’s social visit pass and to issue the deportation order,’ she said.
Simon and his wife Low Kar Hui were present in the courtroom during the delivery of the decision.
In his judicial review filed on April 20, 2021 to challenge the cancellation of his visa and the deportation order, Simon had named the Immigration director-general and the home minister as the two respondents.
In the judicial review, Simon had sought several specific court orders, including a certiorari order to quash the respondents’ decision to revoke his social visit pass and to issue the ‘perintah tahan usir” or order to detain and deport him.
Simon also sought a declaration that the respondents did not act appropriately or acted beyond their jurisdiction in deciding to revoke his social visit pass and to issue the detention order (Perintah Tahan Usir).
He is also seeking a prohibitory order to prevent the respondents from making any subsequent decision to revoke his social visit pass and to issue the detention order under the same circumstances.
Simon was represented by lawyers Datuk Gurdial Singh Nijar, V. Vemal Arasan, James Joshua Paulraj and Abraham Au.
Senior federal counsel Ahmad Hanir Hambaly and federal counsel Liyana Muhammad Fuad represented the Immigration director-general and the home minister, while lawyer Raveena Kaur Vessy held a watching brief for the Human Rights Commission of Malaysia (Suhakam).
MORE TO COME