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KUALA LUMPUR: A Malaysian court on Tuesday (March 9) granted international human rights groups permission to challenge the recent deportation of Myanmar citizens, an important step in a country where immigration decisions are prohibited by law from being challenged in the courts.
The Malaysian government used three Myanmar navy ships last month to deport 1,086 people it claimed were illegal immigrants.
The move came just hours after a provisional court order banning the group’s expulsion, pending a legal offer from Amnesty International and Asylum Access to halt the scheme amid fears that asylum-seekers and children were among the group. group.
The Kuala Lumpur High Court ruling on Tuesday paves the way for a full hearing on deportations and extends a stay preventing another 114 Myanmar citizens from being deported until the end of judicial review. Malaysia had initially said it would deport 1,200 people.
The groups’ legal offer is unlikely to appeal to those who have already been deported, but it could allow for similar challenges against future expulsions, New Sin Yew, a lawyer for the human rights groups, told Reuters.
“It is a very important decision because it recognizes the role of non-governmental organizations such as Asylum Access and Amnesty International and their ability to carry out a judicial review to hold the authorities accountable,” New said, detailing the court’s decision.
READ: Malaysia urged to explain deportation of detainees from Myanmar despite court order
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The immigration department did not immediately respond to a request for comment on the court ruling.
The court said it will hear the challenge on March 23.
International human rights groups had taken legal action amid fears that those to be repatriated included asylum seekers or refugees fleeing persecution in Myanmar, where the military took power last month.
The European Union and the United States have expressed concern that the deportations were carried out despite the interim injunction, while several Malaysian lawmakers have said the move could amount to contempt of court.
Asylum Access Malaysia director Hui Ying Tham said human rights groups had not yet decided whether they would seek action against the government for contempt of court, but asked authorities for more details about the deportees.
“In fact, we are trying to get more information … as the deportation happened suddenly in very opaque circumstances,” he told a virtual press conference.
Malaysia’s immigration department has said the group that returned did not include Rohingya refugees or asylum seekers, but concerns remain. The UN refugee agency has been denied access to detainees for more than a year to verify their status.
Rights groups in their court filing said that three UN registered persons and 17 minors with at least one parent in Malaysia were on the deportation list.
It was unclear if those people were among the group already sent back, although other refugee groups have said that at least nine asylum seekers and two unaccompanied children are among those who have already been deported.
Malaysia is home to more than 154,000 asylum seekers from Myanmar, where the military took power last month.
