MEDIA
STATEMENT -
29/4/2005 Free Abdul
Mutalib, Re-Unite the Family & Let Them
ALL Remain in Malaysia With reference to the
following reports, we on behalf of Abdul Mutalib and his family, would like to
make the following responses:- Malay Mail,
28/4/2005
�Please let Papa Stay� - by Jad Mahidin (p.5,
top)
�NRD: Man and family can appeal against deportation� (p.5,
middle) Malay Mail,
29/4/2005
�Family Divided�
- Illegal Immigrant case:
Two of four children recognized as Malaysian
Citizenship Woes for Wife and Kids - by Jad Mahidin
(p.2)
- PR Status Revoked: The
Abdul Mutalib Case Background
:- On
Wednesday 27/4/2005 Memorandums of Appeal was submitted by Abd Mutalib Bin
Taib(in detention at the KLIA Immigration Depot since 23/3/2005) , Maruly Aziz
Bin Abd Mutalib(12+ tahun), Sarah Nor Varah Hanim Binti Abd Mutalib (11+tahun),
Yonatan Adam Fauzi Bin Abd Mutalib (9+tahun) dan Ismael Syah Putra (6 + tahun)
dan Romita Hasibuan to SUHAKAM, Bar Council, the Home Minister and the Prime
Minister. A media statement was issued at SUHAKAM. The RESPONSE to the
comments made by the National Registration Department and/or the Immigration
Department A.
APPEALS WERE MADE BUT THERE
HAVE BEEN NO RESPONSE FROM THE AUTHORITIES AND/OR THE MINISTER a)
It must be clearly stated that an
Appeal was sent to the Minister of Home Affairs as required on 27/4/2005, and
another letter of appeal was sent to the Ketua Pengarah Immigresen, to be
forwarded by him to the
Minister, by Messrs Charles Hector
& Co, the duly appointed lawyers for Abd Mutalib, his wife and their 4
children, on 28/4/2005. Both these appeals were submitted well within the 7-day
period for appeal but sadly there have been no response whatsoever from the
Minister and/or the Ketua Pengarah Immigresen.
b)
It must be pointed out that he
was arrested by the National Registration Department/ Immigration Department on 23/3/2005, and was
thereafter detained at the KLIA Immigration Depot since then. The Order for
Detention and the Order for Removal, both of which were dated 22/4/2005 was
handed to Abdul Mutalib on the same day. On the same day, the Declaration under
Section 14(4)b Immigration Act 1959/63 and another Notice under Seksyen 14(5)
Immigration Act 1959/63 was also given to him. In this Notice, he was given
seven(7) days to make his appeal, and as such the last date for the
submission of the appeal is on 29/4/2005. c)
It must be pointed out that
appeals have been made on 27/4/2005 and also on 28/4/2005. In the 28/4/2005,
there was also a request for the grounds for the various declarations, orders
and notices to be provided - because without this an effective and proper appeal
cannot be made. d)
It must also be pointed out that
before the lapse of the time for appeal, Abdul Mutalib cannot be deported until
30/4/2005, and that too if there was no appeal. If there was an appeal, and
there was, then reasonably there can be no deportation until after that appeal
be considered by the Minister, and the result of the appeal together with
grounds be given to Abdul Mutalib, and in this case, his lawyers.
e)
In fact, there have still been no
responses from the National Registration Department, the Immigration Department
and/or the Home Minister to the FIVE(5) appeals/letters written on 26/3/2005 and
29/3/2005. What is the use of writing letters and making appeals if there is NO
RESPONSE at all? B.
�...found that the man had
committed various offences, after which his case came under the Internal
Security Act...As such, Abdul Mutalib�s citizenship had to be
revoked.� a)
It must be pointed out that this
allegation is totally baseless, as Abdul Mutalib has never been charges and/or
convicted of any offences. b)
The fact that a person is
detained under the ISA, being a detention without trial, is and cannot be taken as proof that the a
person is guilty of any offence. c)
Furthermore, it must be made
clear that a person�s citizenship cannot and should not be revoked on grounds
that he has �committed various offences�. There is a proper procedure for such a
revocation and this has not been complied with. With reference, to the
29/4/2005 Malay Mail Report (in
particular). C.
Status of the
Children All 4 of the children are
Malaysian Citizens - and this is most clear from the Malaysian Passports issued
to all 4 of the children on 21-10-2003, which clearly states that they
are �Warganegara: Malaysia�. Note that passports are issued by the Immigration
Department, and when it comes to application for passports of children, it must
be made by the parents, i.e Abdul
Mutalib and his wife. D. With regard the order to revoke the PR in 1996...and the fact that he had gone in hiding is absurd. a)
It must be pointed that he a
guest of the government from about October 1995 until January 1998, when
he was arrested and detained under the Internal Security Act. Surely he couldn�t
be in hiding at this time, more so since his Detention Order is also given by
the Home Minister.
b)
Thereafter, it must be pointed out that he did apply and obtain his new
Identity Card from the National Registration Department on 7-4-2000, and
thereafter his MyKad in 2004.
c)
In 18/9/2001, Abd Mutalib made an application for Citizenship, and
amongst the documents taken for examination/verification was both his identity
card and his permit masuk. He was then called in for �Ujian Bahasa Malaysia
Permohonan Kewarganegaraan� vide a letter dated 20/11/2001 issued by the
National Registration Department. d)
His 4 children�s Malaysian
Passports were all issued Immigration Department on 21-10-2003, and he,
as father, was present for this application. e)
His wife�s spouse visa has to be
renewed every 6 months by the Immigration Department, and the most recent visa
was issued on 18-3-2005. f)
Abd Mutalib never went into
�hiding� at all, and in fact the very existence of the said 1996 is in
question, as Abd Mutalib and/or us, as his lawyers, have not seen any such
order. g)
Both the National Registration
Department and the Immigration Department, and in fact most government
departments have gone on-line for some time already, and hence the story of the
National Registration Department and/or the Immigration Department is
suspect. E.
in Habsah�s statement �...the man could have taken
advantage of this and continued
country ...(with reference of the NRD�s computerization process)� is
again absurd.
Even she does not know the reasons
for the alleged 1996 Order - in fact one wonders whether such an order even
exist. a)
There is no proof of the said
1996 order, no reasons given for the said Order, no service of the said Order,
and given the fact that the
National Registration Department and the Immigration Department failed to even
raise this matter in all its dealings with Abd Mutalib when he dealt with both
departments where some of the dates are stated above. b)
The actions/omissions of the National
Registration Department and the Immigration Department and the Government of
Malaysia over all these years with regard to Abd Mutalib and his family would have
given any reasonable man the impression that he was an holder of a valid
identity card, that his wife was on a valid �spouse visa� and that his 4
children are Malaysian citizens. c)
Now when his eldest son is
approaching 13 years of age, it is unconscionable and very unjust to suddenly
disrupt this loving family, who has 3 school-going children.
d)
If 9 years ago, when the alleged Order was
allegedly issued was acted upon, then there would not have been as much
disruption to this family of 6 persons but definitely not now in 2005.
e)
The fault, if any, lies on the National Registration Department and the
Immigration Department and the Government of Malaysia, and not on Abdul
Mutalib and his family, and as such Abdul Mutalib and his family should not now
be victimized in this manner. f)
These departments issued the entry permits,
the identity cards, the Birth Certificates, the Passports, the Spouse Visas, the
invite for the Bahasa Melayu test for Abd Mutalib�s citizenship applications,
amongst others, cannot now blame and/or victimize Abdul Mutalib and his
family. These documents were not obtained through any unlawful means, but
were all issued normally and lawfully by these relevant government
departments. g)
Now to arbitrarily arrest
Abdul Mutalib and detain him unlawfully for about 38 days now, and
thereafter possibly deport him, when he(and his family) are definitely not illegal
immigrants is very wrong. Free Abdul Mutalib.
Restore and recognize his PR status, and his children�s citizenship and allow
this simple loving family to continue to leave peacefully in
Malaysia
as they have done all these years from the date of marriage and the birth of all
4 children. Charles
Hector Messrs Charles Hector
& Co,
Tel: 79581844 No. 38, Jalan 5/4G,
(Charles Hector or Roland Engan) 46000 Petaling
Jaya, Selangor Darul
Ehsan (as the lawyer for Abd
Mutalib Bin Taib , Maruly Aziz Bin Abd Mutalib(12+ tahun), Sarah Nor Varah Hanim
Binti Abd Mutalib (11+tahun), Yonatan Adam Fauzi Bin Abd Mutalib (9+tahun) dan
Ismael Syah Putra (6 + tahun) dan Romita Hasibuan) 29 April 2005 ------------------------------------------------ ADIL-Net will remain a Free Forum until further notice. Disclaimer: The opinions and views posted are not necessarily that of the list owner's or ADIL's -------------------------------------------------- Send a blank e-mail to: [EMAIL PROTECTED] - to subscribe to the list [EMAIL PROTECTED] - to unsubscribe from the list [EMAIL PROTECTED] - to switch your subscription to normal [EMAIL PROTECTED] - to switch your subscription to digest ADIL Homepage: http://members.easyspace.com/reformasi/ Yahoo! Groups Links
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