PETALING JAYA: The Shah Alam High Court has ordered the release of an Iranian national who is married to a Malaysian after it found that he had been detained unlawfully.

       After a non-immigration related offence where he was fined and sentenced to two days’ imprisonment, Mohammadhossein Samadi was then detained for nearly five months by the immigration authorities.

       A habeas corpus application had been filed at the court, with the petition heard on Aug 5.

       The court ruled that the Immigration Department had failed to present Mohammadhossein before a magistrate within 14 days of his arrest to obtain a remand order, not in compliance with the Federal Constitution and the Immigration Act.

       Mohmmadhossein had been charged at the Kuala Lumpur Magistrate’s Court on March 25 for a traffic offence.

       He pleaded guilty and was jailed for two days and fined RM10,000.

       Following his imprisonment, Mohammadhossein then was brought to a satellite prison in Kuala Kubu Bharu where he was arrested by the Immigration Department on March 26 under Section 35 of the Immigration Act 1959/63, which stipulates “power to arrest a person liable to removal”.

       This allows authorities to hold him for a period not exceeding 30 days pending the director-general of Immigration’s decision on whether to order for his removal from Malaysia.

       Mohammadhossein was then transferred to the detention facility in Sungai Bakap, Penang, and then to the Bukit Jalil detention centre.

       On May 6, Mohammadhossein was notified that his visa, which was valid until Nov 17, 2021, had been cancelled, and he was scheduled for deportation.

       His lawyer Yap Boon Jhoe said that the detention was deemed illegal and unconstitutional after the department failed to produce him before a magistrate between April 8 and April 22 to obtain a remand order, with the detention not in compliance with Article 5(4) of the Federal Constitution and Section 51(5) of the Immigration Act.

       "We are waiting for the court to issue an official order now so we can serve it on the Immigration for his immediate release, hopefully today," his lawyer Yap Boon Jhoe told the Star.

       Mohammadhossein has two children, aged five and seven.

       The Family Frontiers, an organisation that advocates for the rights of foreign spouses said the ruling has prevented a potential family breakdown which would have inevitably affected Mohammadhossein, his wife and two young children.

       "We would like to stress on the urgency that personal liberties of non-citizen spouses and children of Malaysians are safeguarded and protected against arbitrary measures, especially considering the long-lasting devastating psychosocial consequences it has on women and children.

       "We are extremely concerned over repeated events of such unlawful detention of non-citizen spouses of Malaysians in violation of the Federal Constitution," they said in a statement.