Engineer Fu Xiaoling, 40, opera artiste Fu Xiaoyan, 37, technical consultant Zhong Li, 27, accounts assistant Ai Xi, 31, model Huang Ting, 33, and tourist Zhao Jinming, 26, also want the High Court here to cancel the immigration director-general’s Sept 9 order to deport them to their home country.
In their application filed last week, they are also seeking a declaration that the order was illegal and unreasonable.
They named the immigration director-general, home minister and the government as respondents. The six are also seeking damages and other relief deemed fit by the court.
Senior federal counsel Nur Irmawatie Daud today informed Justice Ahmad Kamal Shahid that the attorney-general is opposing the applicants’ application for leave for judicial review.
The judge fixed Oct 7 to hear the leave application.
Kamal also allowed a stay of the director-general’s deportation order pending the disposal of this application.
Lawyer Omar Kutty Abdul Aziz, who has affirmed an affidavit in support of the application, said his clients had been held in custody at the Bukit Jalil immigration depot since Aug 22.
They were arrested by immigration officers during a raid on an entertainment centre on Aug 22.
After the expiry of their remand period, they were ordered to be deported from the country despite having valid employment passes and visas to enter Malaysia.
Omar said the arrest and deportation order issued on the applicants was premature, not supported by solid evidence, an abuse of power and an action exceeding the provisions in the Immigration Act 1959/63.
Lawyers J Mathews, Farhan Fadzil and SN Pillai also appeared for the Chinese nationals.
Earlier this month, the six women went to another High Court to seek a stay of their deportation, pending the disposal of their habeas corpus application for wrongful detention.
The application, which was filed on Sept 9, will be heard on Wednesday.
They want the court to release them immediately and unconditionally from the custody of the commandant of the Bukit Jalil immigration detention centre.