AG, Zahid dibenar rayu keputusan benar Majlis Peguam cabar tuduhan rasuah

Majlis Peguam has requested the High Court to challenge the government's plan to repatriate approximately 5,000 Myanmar refugees and asylum seekers. The association also seeks a suspension of the repatriation process until the court rules on their application. The Attorney General objects to both the Majlis Peguam's requests for a ruling on the application and a suspension.

The association claims that granting the repatriation could undermine their legal challenge, as the return of the individuals to Myanmar cannot be reversed. In the application for judicial review filed on September 28, the association stated that those affected by the repatriation include Rohingya and children recognized by the United Nations High Commissioner for Refugees (UNHCR) as refugees or asylum seekers.

It argues that those repatriated may face discrimination, abuse, or other harm, and that Malaysia is bound by the non-refoulement principle of international law, which prohibits the return of an individual to a country where they face harm. The association also argues that repatriating children contradicts the principle under the Convention on the Rights of the Child, read together with the Children Act 2001, including the best interests of the child.

However, the application for immediate review is limited to maintaining the status quo while the court decides whether to grant the judicial review. Legal representative M Ramachelvam, representing Majlis Peguam, argued that the welfare considerations favour the suspension, as any harm caused by the repatriation cannot be undone.

However, the Attorney General for Malaysia, Nurhafizza Azizan, argued that a suspension is premature. Based on recent High Court rulings, he claimed that the court can only consider the suspension after the ruling on the judicial review is given. Because the ruling is still pending in this case, he said, the High Court does not have a basis to consider the suspension at this stage.

Norliza will announce her decision on October 22. Legal representatives Collin Arvind Andrew, Moganasundari Mahalingam, Ameerul Radzi Azlan, and Shahlini Sree Kumar also appeared for Majlis Peguam, while Attorney General Afiq Zainal Abidin represented the Attorney General, and Marcus Lee and Samantha Koh represented Suhakam as amicus curiae, or friends of the court.