What is Immigration Law Malaysia Source Lawyerment com my Malaysia by ramhood17

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									What is Immigration Law? (Malaysia)


Source: Lawyerment.com.my (Malaysia Online Legal Resources)


http://www.lawyerment.com.my/library/doc/imgr/


Abstract


Immigration law determines who may enter, procedures on arrival, the duration of stay, when they
must leave, removal from Malaysia, whether a person is an alien, their duties and obligations in
Malaysia and offenses and special provisions for East Malaysia. It is governed mainly by the
Immigration Act 1959/1963. Others immigration rules and regulations are the Passport Act 1966
and Immigration (Exemption) Order 1963.


The Immigration Act 1959/1963 governs the admission into and departure from Malaysia, entry
permits, procedures on arrival in Malaysia, removal from Malaysia, offenses and special
provisions for East Malaysia.


There are also others immigration rules and regulations such as the Passport Act 1966 and
Immigration (Exemption) Order 1963.



WHAT IS IMMIGRATION LAW ?


Immigration deals with sometimes complicated and ever changing laws controlling entry in
Malaysia.



WHICH IS THE GOVERNING BODY GIVING PERMISSION TO ENTER
MALAYSIA ?


The Immigration Department Of Malaysia is a department under the the Malaysia Ministry of
Home Affairs and enforces the immigration laws.


The Immigration Department Malaysia has a duty to keep out aliens who have a criminal record,
aliens who are not able to finance themselves and people who are lying about their intentions for
coming to Malaysia.


To enter Malaysia, generally the Malaysian Embassy or Consulate in your home country will give
you a visa, stamped into your Passport.
WHO CAN ENTER MALAYSIA ?


A Malaysia citizen and a person


       in possession of a valid Entry Permit lawfully issued to him or her


       with his or her name endorsed upon a valid Entry Permit and he or she is in the company
        of the holder of the Permit


       in possession of a valid Pass lawfully issued to him or her to enter Malaysia


is permitted to enter Malaysia.


WHEN IS A PERSON DEEMED TO HAVE ENTERED MALAYSIA ?


Under the Immigration Act 1959/1963, a person is deemed to have entered Malaysia


       in case a person arriving by sea, disembarking in Malaysia from the vessel, ship or boat in
        which he or she arrives.


       in case a person arriving by air at an authorized airport, leaving the precincts of the
        airport.


       in case a person entering by land and proceeding to an immigration control post and
        produces particulars in such form as may be required and leaving the precincts of the
        post for any purpose other than of departing from Malaysia by an approved route and


       in any other case, any entry into Malaysia by land, sea or air.


DO MALAYSIA CITIZEN NEED A PERMIT TO ENTER MALAYSIA ?


A Malaysia citizen has the right to enter Malaysia without having to obtain Permit or Pass.


However, there is a restriction on citizen's right of entry into an East Malaysian State.
West Malaysian citizen shall not be entitled to enter an East Malaysian State without having
obtained a Permit or Pass unless


       he is a member of Federal Government or of Executive Council or Legislative Assembly
        of the East Malaysian State


       he is a judge of the Federal Court or of the High Court in Sabah and Sarawak, or is a
        person designated or nominated to act as such, or he is a member of any Commission or
        Council established by the Federal Constitution or by the Constitution of the East
        Malaysian State


       he is a member of any public service of the Federation or of the public service of the East
        Malaysian State or a joint public service serving the East Malaysian state or is seconded
        to any such service


       he is entering East Malaysian State for sole purpose of engaging in legitimate political
        activity or


       he is entering East Malaysian State as temporarily required by the Federal Government in
        order to enable that Government to carry out its constitutional and administrative
        responsibilities.


Nevertheless, the burden of proof that a person is a citizen shall lie upon that person such as
Identity Card and Passport.


WHO ARE THOSE PERSONS PROHIBITED TO ENTER MALAYSIA ?


Under the Immigration Act 1959/1963, the following persons are prohibited to enter Malaysia:


       any person who is unable to show that he has the means of supporting himself and his
        dependents if any or that he has definite employment awaiting him, or who is likely to
        become a pauper or a charge on the public


       any person suffering from mental disorder or being a mental defective or suffering from a
        contagious or infectious disease which make his presence in Malaysia dangerous to the
        community


       any person who refuses to submit to a medical examination after being required to do so
        by an immigration officer if he considers necessary
   any person who


           has been convicted in any country or state of any offence and sentenced to
            imprisonment for any term, and has not received a free pardon and


           by reason of a circumstances connected with the conviction is deemed by the
            Director General of immigration to be an undesirable immigrant


   any prostitute, or any person, who is living on or receiving, or who, prior to entering
    Malaysia, lived on or received, the proceeds of prostitution


   any person who procures or attempts to bring into Malaysia prostitutes or women or girls
    for the purpose of prostitution or other immoral purpose


   vagrants and habitual beggars


   any person whose entry into Malaysia is, or at the time of his entry was, unlawful under
    the written law for the time being in force


   any person who believes in or advocates the overthrow by force or violence of any
    Government in Malaysia or of any established government or of constituted law or
    authority or who disbelieves in or is opposed to established government, or who
    advocates the assassination of public officials, or who advocates or teaches the unlawful
    destruction of property


   any person who is a member of or affiliated with any organization entertaining or teaching
    disbelief in or opposition to established government or advocating or teaching the duty,
    necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of
    specific individuals or officers generally, of any Government in Malaysia or of any
    established government, because of his or their official character, advocating or teaching
    the unlawful destruction of property


   any person who, in consequence of information received from any source deemed by the
    Minister to be an undesirable immigrant


   any person who has been removed from any country or state by the government of that
    country or state on repatriation for any reason whatever and who, by reason of the
    circumstances connected therewith, is deemed by the Directory General of immigration to
    be an undesirable immigrant
       any person who, being required by any written law for the time being in force to be in
        possession of valid travel documents, is not in possession of those documents or is in
        possession of forged or altered travel documents or travel documents which do not fully
        comply with any such written law


       the family and dependents of a prohibited immigrant and


       any person or any member of a class of persons, against whom an order has been made
        or whose Pass or Permit has been canceled.


A person against whom an order has been made or those Pass or Permit has been canceled by
the Director General of immigration if dissatisfied with the cancellation may appeal to the Minister
within 7 days of the publication of the order in the Gazette or the notification of the cancellation to
the holder of the Pass or Permit.


Such appeal shall be by way of petition in writing setting out clearly and why in detail the grounds
of appeal.


The decision of the Minister shall be final.


WHAT IS THE PROCEDURE ON ARRIVAL OF A VESSEL OR SHIP IN MALAYSIA ?


The person having control of a vessel known as master, must navigate his vessel to the
immigration anchorage.


The master of any vessel arriving or leaving Malaysia shall produce of certain lists and persons to
the immigration officer and in case of vessels carrying passengers, a complete list of all
passengers in Form 25A (Passenger List - Disembarkation at a Malaysian Port) or Form 25B
(Passenger List - Through passengers) whichever is applicable.


The master of the vessel which arrives in Malaysia shall hoist the required immigration signal and
shall exhibit the signal until authorized by an immigration officer to haul it down.


The immigration signal required shall be


       by day, the flags in the International Code of Signals corresponding to


                the numerals "25" in respect of vessels not carrying passengers and
                the numerals "34" in respect of vessels carrying passengers and


       by night, in every case, a red light over a white light mounted vertically, 6 feet apart,
        visible through 360o for a distance of 2 miles.


If ordered by an immigration officer, the master of the vessel shall anchor or tie up his vessel at
such place as may be ordered, and shall remain there until an immigration officer gives him
permission to leave.


With authority granted, the pilot, any government officer boarding the vessel on duty, the owner,
charterer or agent of the vessel or a consular officer of the country to which the vessel belongs
shall leave or board a vessel arriving in Malaysia.


No person other than the above may leave or approach one cable length of the vessel, until the
vessel has been examined by an immigration officer and the immigration signal has been hauled
down.


It shall be the duty of the master of the vessel to prevent any person other than those with
authority granted from disembarking from or boarding the vessel until the disembarking or
boarding has been authorized by an immigration officer.


Any person found on board of a vessel whose presence has not been reported in the lists, the
master of the vessel shall be guilty of an offence and shall, on conviction, be liable to a fine not
exceeding RM$1,000.00 in respect of each person.


All disembarking passengers are required to complete a Disembarking Card in triplicate and to
enclose it in their passports for presentation to the immigration officer.


Every person arriving in Malaysia, shall appear before an immigration officer at such time and
place as the officer may direct for examination as he may consider necessary.


Where an immigration officer is in doubt as to the right of any person to enter Malaysia, it shall be
lawful for the officer to direct the person to an immigration depot and in such case, the person
shall proceed to the depot and shall remain there until permitted to leave by the officer.


Where after examination, a person is considered to be prohibited from entering Malaysia, such
person if still aboard, shall not disembark and if disembarked, shall return to the vessel. The
immigration officer shall inform the person and give him instructions to depart from Malaysia on
the vessel to which requirement has been made to his place of embarkation or to the country of
his birth or citizenship.
WHAT IS THE PROCEDURE ON ARRIVAL OF AN AIRCRAFT IN MALAYSIA ?


The captain of an aircraft which arrives in Malaysia shall land his aircraft at authorized airport.


The captain of the aircraft arriving or leaving Malaysia shall:


       produce to an immigration officer a passenger list


       produce to an immigration officer in relation to every passenger landing in Malaysia such
        particulars in such form as may be prescribed


       produce to an immigration officer a complete list of members of crew of his aircraft


       produce to an immigration officer the members of the crew and passengers of aircraft for
        inspection and interrogation as directed by immigration officer


       submit to such search of his aircraft by an immigration officer as may be necessary to
        establish the presence or absence of other person on board and


       report to an immigration officer the presence on board of any stowaway or unauthorized
        person or any person proceeding to any state or country on his removal from any other
        state or country by the competent authorities of that state or country.


If any person is found on aircraft whose presence has not been reported as aforesaid, the captain
of the aircraft, shall be guilty of an offence and shall, on conviction, be liable to fine not exceeding
RM$1,000.00 in respect of each such person.


All disembarking passengers are required to complete a Disembarking Card in triplicate and to
enclose it in their passports for presentation to the immigration officer.


Every person arriving in Malaysia, shall appear before an immigration officer at such time and
place as the officer may direct for examination as he may consider necessary.


Where an immigration officer is in doubt as to the right of any person to enter Malaysia, it shall be
lawful for the officer to direct the person to an immigration depot and in such case, the person
shall proceed to the depot and shall remain there until permitted to leave by the officer.
Where after examination, a person is considered to be prohibited from entering Malaysia, such
person shall not leave the precincts of the airport except for a place approved by the immigration
officer, and he shall leave and depart from Malaysia by the first available means in accordance
with the instructions of the officer to his place of embarkation or to the country of his birth or
citizenship.


WHAT IS THE PROCEDURE ON ARRIVAL IN MALAYSIA BY LAND ?


No person shall enter Malaysia by land between the hours of 7:00 pm and 6:00 am unless such
person entering by land as a passenger or railway official in the normal course of a railway
journey.


Any person entering Malaysia by land must enter at an authorized point of entry and shall proceed
therefrom by an approved route, to the nearest immigration control post.


Such person shall then appear before the immigration officer in charge of the post and if require,
produce particulars in such form as may be prescribed.


If an immigration officer considers that a person is prohibited from entering Malaysia under the
Immigration Act 1959/1963, inform the person of his finding, and the person shall in accordance
with the instructions of the immigration officer leave and depart from Malaysia.


WHAT IS THE PENALTY FOR A PERSON WHO UNLAWFULLY RETURN TO MALAYSIA
AFTER REMOVAL ?


Under the Immigration Act 1959/1963, Section 36, any person who, having been lawfully removed
or otherwise sent out of Malaysia, unlawfully enters Malaysia or unlawfully resides in Malaysia
shall be guilty of an offence and shall, on conviction,


       be liable to a fine not exceeding RM$10,000.00 or


       to imprisonment for a term not exceeding 5 years or


       to both and


       shall also be liable to whipping of not more than 6 strokes, and


       shall in addition to any penalty for the offence, be removed or again removed as the case
        may be, from Malaysia.
WHAT IS THE PROCEDURE ON ARRIVAL IN MALAYSIA BY LAND ?


No person shall enter Malaysia by land between the hours of 7:00 pm and 6:00 am unless such
person entering by land as a passenger or railway official in the normal course of a railway
journey.


Any person entering Malaysia by land must enter at an authorized point of entry and shall proceed
therefrom by an approved route, to the nearest immigration control post.


Such person shall then appear before the immigration officer in charge of the post and if require,
produce particulars in such form as may be prescribed.


If an immigration officer considers that a person is prohibited from entering Malaysia under the
Immigration Act 1959/1963, inform the person of his finding, and the person shall in accordance
with the instructions of the immigration officer leave and depart from Malaysia.


WHAT IS THE PENALTY FOR A PERSON WHO UNLAWFULLY RETURN TO MALAYSIA
AFTER REMOVAL ?


Under the Immigration Act 1959/1963, Section 36, any person who, having been lawfully removed
or otherwise sent out of Malaysia, unlawfully enters Malaysia or unlawfully resides in Malaysia
shall be guilty of an offence and shall, on conviction,


       be liable to a fine not exceeding RM$10,000.00 or


       to imprisonment for a term not exceeding 5 years or


       to both and


       shall also be liable to whipping of not more than 6 strokes, and


       shall in addition to any penalty for the offence, be removed or again removed as the case
        may be, from Malaysia.

								
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