PETALING JAYA: The government has allowed Nigerian Simon Adavize Momoh to remain in Malaysia legally, pending a High Court decision on a challenge against his deportation order.
“The government will be issuing a formal letter by May 6 to allow an extension to Momoh’s special pass under Regulation 14 of the Immigration Regulations 1963, for as long as necessary until the disposal of the application,” his lawyer, V Vemal Arasan told FMT today.
Momoh’s case came up for case management before Judge Wan Ahmad Farid Wan Salleh at the Shah Alam High Court this morning.
Besides Vemal, James Joshua Paulraj also represented Momoh, while senior federal counsel Ahmad Hanir Hambaly and Liyana Muhammad Fuad from the Attorney-General’s Chambers appeared for the immigration director-general and the home minister.
“The court fixed May 6 for case mention for the respondents to revert on whether or not they will be objecting to our leave application,” Vemal said.
Previously, Momoh filed a judicial review application against the decision to cancel his pass and his deportation order, to be heard on May 4. The immigration director-general and the home minister were named as respondents.
On Apr 23, Momoh was released after being detained for 40 days at the Semenyih immigration depot. He was initially arrested for drink-driving in March at a roadblock in Cheras. After he was fined and jailed for a day by the court, the Immigration Department cancelled his special pass and ordered his deportation.
His release followed a habeas corpus hearing, with Judge Ab Karim Ab Rahman ruling that Momoh’s 40-day detention was unconstitutional and had breached procedure.
Momoh’s deportation order was emailed to his wife, Low Kar Hui on April 14. The Immigration Department had asked Low to make arrangements for his flight back to Nigeria. According to the order, Momoh is deemed a prohibited immigrant.