Lawyer M Ramachelvam, who represented Amanalullah Kamalia, who is in his 40s, told FMT that the decision by justice Shahnaz Sulaiman was read out by deputy registrar Namirah Hanum Mohd Albaki via Zoom at 2pm today.

“The court held that the applicant, as the father of the individuals being deported, is a person adversely affected by the decision and therefore has locus standi to commence the judicial review proceedings,” he said.

Ramachelvam, who chairs the Malaysian Bar’s committee on migrants, refugees and immigration, said he would apply for the judicial review within 14 days.

The High Court in allowing the application also rejected the Attorney-General’s Chambers’ assertion that the ouster clause in Section 59A of the Immigration Act barred the applicant from challenging the said decision.

According to Ramachelvam, the family’s ordeal began when his 35-year old wife and five children, aged seven to 18, were detained by the authorities when they entered Malaysian waters on Jan 6, 2021.

They had left Myanmar and headed to Bangladesh before making their way to Indonesia. From there, they continued their journey to Malaysia by sea to meet Amanalullah who had been staying in Malaysia since 2013.

In September 2021, the immigration department informed Ramachelvam that an order had been issued for Amanalullah’s wife and five children to be deported to Myanmar.

Amanalullah’s wife, Khatijah Rashir Ahmad, died at the hospital on July 22, this year, after falling sick while in detention.

Ramachelvam said as asylum seekers, the children should be allowed access to the United Nations High Commissioner for Refugees (UNHCR).

“Under the Convention of the Rights of the Child, it would be the government’s obligation to not arrest and detain the children.

“They should be allowed access to UNHCR for the determination of their status,” he said.

He added that deporting the children would also be against international laws as their lives would be at risk in Myanmar.

The children are currently being held at a depot.