Malaysia Immigration D-G can revoke sacked Singaporean legal officer’s PR but must justify grounds, lawyers say

KUALA LUMPUR — The Immigration director-general has the authority to revoke Singaporean Jessica Gurmeet Kaur’s permanent residency (PR) but cannot do so without first justifying proper grounds, lawyers have said.

Ms Kaur must also be accorded the right to appeal the Immigration Department’s decision and even challenge it since she has not been charged with any offence, they added.

“The PR may be revoked or cancelled if the person is a ‘prohibited immigrant’, which covers a wide category of persons such as those who have mental disorders, has been convicted in any country or state of any offence and sentenced to imprisonment for any term, and has not received a free pardon— or ‘who disbelieves in or is opposed to established government’ can be prohibited immigrant.

“On top of that, the DGI also has general powers to revoke or cancel the PR ‘if he is satisfied that the presence in, or entry into, Malaysia of the holder of any permit is, or would be, prejudicial to public order, public security, public health or morality in Malaysia or any part thereof’,” civil liberties lawyer Syahredzan Johan told Malay Mail Online when contacted yesterday (Aug 24).

Ms Kaur was head of administration and finance at the Attorney-General’s Chambers (AGC) and was also attached to the special task force investigating corruption claims against the prime minister but was said to have been sacked recently.

But Mr Syahredzan pointed out that although the Immigration D-G may have the discretion to revoke a person’s PR, such powers are by no means “unfettered.”

“The DGI cannot do as his pleases according to his whims and fancies. The principles of reasonableness must be adhered to. So, he cannot just revoke or cancel the PR without having grounds to do so,” he added.

Another civil liberties lawyer Eric Paulsen said immigration authorities must state the grounds for Jessica’s PR revocation, pointing out that the former government legal officer has been working in Malaysia for two decades and has family and roots in Malaysia.

“She has been treated unfairly and clearly has a legitimate expectation for her to be heard… she was lawfully staying and working in Malaysia, clearly has a legitimate expectation that her PR would not be revoked,” he told Malay Mail Online.

Another lawyer, Ms Latheefa Koya said that the Immigration Department owed Ms KAUR an explanation for revoking her PR especially if she has not been charged for committing any offence.

“Although the issue of PR revocation is up to the country involved, rules of natural justice must be observed.

“There is a process to it, she must be notified of the reasons, especially if she has not been charged and she has every right to question the cancellation of her PR if she is not given the opportunity to be heard,” she told Malay Mail Online when contacted.

It was reported that Ms Kaur had her permanent residency revoked and her three children’s residency permits were also cancelled, following her release on police bail after her statement was recorded.

The Singaporean has been living in Malaysia for more than 20 years before she was investigated by the authorities along with former Malaysian Anti-Corruption Commission adviser Rashpal Singh over a purported leak in relation to a charge sheet against Prime Minister Najib Razak.

She was head of administration and finance at the AGC and was also attached to the special task force investigating corruption claims against the prime minister.

The taskforce has since been disbanded by the new AG Mohamed Apandi Ali when he took over from his predecessor whose services were suddenly terminated months before his retirement. MALAY MAIL ONLINE