'Why punish them when documents were legal?'
Jad Mahidin
Apr 30:
KUALA LUMPUR: The lawyer of Abdul Mutalib Taib and his family is calling on the Government to restore his Permanent Resident status and his children�s citizenship.

Counsel Charles Hector said the National Registration Department (NRD) must admit its mistake and not allow the family to be victimised, especially the children.

�The fault, if any, lies with the NRD, Immigration Department and the Government of Malaysia, and not on Abdul Mutalib and his family,� said Hector in a statement to The Malay Mail yesterday.

He said these departments issued the entry permits, identity cards (ICs), birth certificates, passports, the spousal visa, and the invite for the Bahasa Melayu test for Abdul Mutalib�s citizenship applications, among others.

�After all these years, they (the departments) cannot now blame and/or victimise Abdul Mutalib and his family,� said Hector.

�These documents were not obtained through unlawful means. They were all issued normally and lawfully by the relevant Government departments.�

He also pointed out that when the children�s documents were issued, the applications were made by the parents.

Abdul Mutalib, from Medan, Indonesia, had applied for and obtained his IC from the NRD on April 4, 2000. His MyKad was also issued the same year.

The NRD, said Hector, had also acknowledged Abdul Mutalib�s application for citizenship.

His children�s passports were issued by the Immigration Department on Oct 21, 2003 and the father was present at all those times.

Furthermore, his wife�s spousal visa was renewed every six months, the most recent on March 18 this year.

Why then, asked Hector, was there no action taken all these years against Abdul Mutalib if the authorities had �wanted� him since 1996, the year his PR status was allegedly revoked.

Hector was also responding to statements made by both the NRD and the Immigration Department pertaining to Abdul Mutalib�s detention at the Sepang Immigration depot since his arrest on March 23 this year.

�The Order for Detention and the Order for Removal, both of which were dated April 22 this year, were handed to Abdul Mutalib,� he said.

On the same day, Hector revealed, the De- claration under Section 14(4)(b) of the Immigration Act 1959/63 (Amendment 2002) and another Notice under Section 14(5) of the same Act were also given to him.

�In the Notice, Abdul Mutalib was given seven days to make his appeal. But appeals have been made, first on April 27 and also on April 28,� said Hector.

The first appeal was addressed to the Home Minister Datuk Azmi Khalid while the second was to the Director-General of Immigration, Datuk Mohd Jamal Kamdi, and meant for him to forward also to Azmi.

In the second appeal made on Thursday, 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.

�Abdul Mutalib cannot be deported before the lapse of the time for appeal, and that too, if there was no appeal,� said Hector.

�As there were appeals made, deportation cannot take place until the appeal has been considered by the Minister, and the result of the appeal, together with grounds be given to Abdul Mutalib.�

In total, said Hector, five letters were sent to the NRD, Immigration, and the Home Minister.

�But there was not a single response. What is the use of writing letters and making appeals if there is no response at all?� he asked.

As for Abdul Mutalib�s detention under the Internal Security Act in 1995, Hector pointed out it cannot be taken as proof that the person is guilty of any offence as the detention was without trial.

Yesterday, The Malay Mail front-paged the NRD�s statement that in 1996, Abdul Muta- lib�s PR was revoked.

However, NRD�s director of Investigations and Enforcement unit, Datin Habsah Wahid, had stated that the reasons for the order were not known.

On this, Hector questioned if such an order existed as there is no proof of it and he claimed that both the NRD and the Immigration had failed to even raise this matter in all their dealings with Abdul Mutalib when he dealt with them throughout the years.

�If nine years ago, when the order allegedly issued was acted upon, there would not have been this much disruption to this family of six. It is very unjust to suddenly disrupt this loving family now,� said Hector.

Abdul Mutalib�s wife, Romita Hasibuan, at a Press conference at the Human Rights Commission of Malaysia�s (Suhakam) offices on Wednesday, claimed he was wrongfully arrested.

Romita, a housewife who is also from Me- dan, was accompanied by her children � Maruly Aziz, 12, Sarah Nor Varah, 11, Yona- tan Adam Fauzi, nine, and Ismael Shay Putra, six � when she handed a memorandum to Suhakam�s representative Datuk Siva Subramaniam.

The memorandum, among others, had pleaded with Suhakam to help the family fight for their rights as immigrants to this country.



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