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High Court decision: Sivarasa 1 Sarawak 0



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Friday, 10 July 2009 11:11
(Malaysian Mirror) KUCHING - PKR Member of Parliament for Subang in Selangor and the party’s vice-president Sivarasa K Rasiah was granted leave on Thursday to apply for a judicial review of the Sarawak government’s decision to bar him from entering Sarawak on Feb 14 this year.
The opposition politician had applied for leave to apply for the judicial review of the decision, citing the state Director of Immigration, the State Secretary and Sarawak government as respondents.
The application to apply for leave was heard in open court before Judge Linton Albert.
Appearing for Sivarasa were Baru Bian and See Chow How of Baru Bian & Advocates, a Kuching-based legal firm, and for the respondents senior federal counsel Azizah Narawi.
The PKR legislator was refused entry on Feb 14 this year when he flew in and was told by immigration officers that for some undisclosed reasons he had been placed on the black list and refused entry into Sarawak on the instructions of the State Secretary.
An arguable case, says judge
He was handed a formal notice which stated as follows:
“To: Sivarasa a/l K Rasiah
This serves to notify you that you are refused entry into Sarawak as:
You do not belong to the state of Sarawak and are not entitled to enter the state without a permit or a pass by virtue of section 66(1) of the Immigration Act 1959/1963.
For Director of Immigration, Sarawak”
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