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An Iranian musician will know on Aug 24 whether he succeeds in his legal challenge against alleged illegal detention by Immigration authorities for more than four months.
His counsel Yap Boon Jhoe today confirmed that the High Court in Shah Alam fixed the decision date, following submissions from the applicant’s legal team as well as the prosecution.
“The court has reserved its decision for Aug 24, 2021, at 9am,” the lawyer said when contacted after proceedings before judge Mohd Yazid Mustafa.
On July 29, an online news portal reported that Mohammadhossein Samadi, who is married to a Malaysian and sired two children with her, filed a habeas corpus application against his detention under immigration authorities.
Filed on May 10, the legal challenge named the director-general of prisons and immigration, as well as the Home Ministry, as respondents.
He is challenging the validity of the detention that began on March 26.
According to a copy of an affidavit filed by his wife Ginny Lim Su Lane, 36, she explained that they were legally married on May 5, 2012, and have two boys, aged seven and five respectively.
She said that her husband’s plight began when he was charged at the Kuala Lumpur Magistrate’s Court on March 26 in relation to a traffic offence.
Mohammadhossein, 34, pleaded guilty to driving while under the influence of alcohol influence and was sentenced to two days’ jail and an RM10,000 fine.
Lim claimed that upon her husband paying the fine and completing the brief custodial sentence, he was transferred first to the immigration detention centre in Kuala Kubu Baru; then to its transit depot at Sungai Bakap, Penang; and finally, to another depot in Bukit Jalil, Kuala Lumpur.
She contended that the detention is illegal as the authorities did not reveal the reason for her husband being held under immigration custody.
Lim claimed that her husband possesses not only a valid Iranian passport that would only expire on Sept 11, 2025, but also multiple-entry visas valid until Nov 17 this year.
She contended that the immigration department should have produced her husband in court within 14 days after they took him from prison, namely April 26.
She also claimed that an immigration officer on May 6 had informed her that her husband is set to be deported.
“Therefore, the detention of the applicant (Mohammadhossein) on March 26, 2021, when his pass is still valid, constitutes a violation of his fundamental right as a foreign national in Malaysia in light of him having entered Malaysia legally, have gotten married and set up a family in Malaysia, and at every time had abided by existing laws,” she contended.