
It also urged the immigration department, which is under the purview of the home ministry, to comply with the decision by the Kuala Lumpur High Court for a stay of Quayum’s deportation.
Suaram executive director Sevan Doraisamy said the department must cease any plans to deport Quayum who, according to Malaysiakini, is a United Nations High Commissioner for Refugees card-holder.
“We urge the home minister, Saifuddin (Nasution Ismail), to swiftly intervene and ensure that this deportation does not take place,” Sevan said.
In a statement, he said the order to deport Quayum despite the court’s ruling undermined Malaysia’s recent claims of providing “humanitarian assistance” to refugees and asylum seekers during the Universal Periodic Review session.
Yesterday, Malaysiakini reported that the immigration department had signed off on an order to deport Quayum, the Bangladesh Nationalist Party leader, six days after the High Court’s decision.
According to the portal, Quayum’s family and lawyers were only informed of the order yesterday.
Human rights lawyer Andrew Khoo said the immigration director-general was “no doubt relying” on the power given to him under Section 8 of the Immigration Act.
The section states that the director-general can declare someone as a “prohibited immigrant” and order his deportation, although Khoo added that such an order would be subject to judicial review by the courts.
Khoo also said that discretionary power granted to public officials should be exercised transparently and without absolute authority.
“Public officials must be under a legal obligation to explain the exercise of their discretion, and held accountable for any misuse of their statutory discretion,” he said when contacted.
Quayum was previously accused by the Bangladeshi government of masterminding the murder of Dhaka-based Italian aid worker Cesare Tavella. Quayum later claimed that he had been set up.