JUDGMENT

[1] The appellant, a Bangladeshi was an employee of a company, RCM Cemerlang (M) Sdn Bhd ("the employer") who was given a temporary visit employment pass ("the pass") by the Immigration Department which was valid until 12 March 2021. He was arrested by the immigration authority on 5 September 2020 at 6.40 pm after being allegedly found working at a coffee shop whilst on leave, which act is an offence under reg 39(b) of the Immigration Regulations 1963 ("the Regulations"). The appellant was produced before a Magistrate who ordered his detention for 14 days under s 51(5)(b) of the Immigration Act 1959/63 ("the Act") from 5 September 2020 until 18 September 2020 and this can be se

Decision Of The Learned High Court Judge

[2] On the issue of whether the re-arrest of the appellant on 15 September 2020 when his pass was still valid, His Lordship held that since his pass was revoked during the detention ordered by the learned Sessions Court Judge, this case is distinguishable from Sajad Hussain Wani lwn. Ketua Pengarah Imigresen Malaysia & Satu Lagi [2007] 3 MLRH 335; [2008] 2 CLJ 403, because Sajad was never brought before any Magistrate for further detention, his offence was in respect of immoral acts against the teaching of Islam and not one under the Act like the appellant here. Secondly, the detention of the appellant from the date of his arrest until that ordered by the Sessions Court Judge on 1 October 2020 was lawful as ...