The Kuching High Court today dismissed with costs the application for leave for a judicial review on the entry ban into Sarawak against PKR's Padang Serai parliamentarian N Gobalakrishnan last Christmas Eve.

hindraf batu caves selayang court 281107 gobalakrishnanThe reason given for the dismissal was that section 59A, which disallows any application for judicial review of the Immigration Act, is all encompassing.

The federal attorney-general who was represented by a senior federal counsel and the state attorney-general who was represented by state legal counsel JC Fong filed their submissions together.

Gobalakrishnan's counsel, Dominique Ng, complained that even though he had been given notice of the submissions to prepare the affidavits, judge Rhozariah binti Bujang had refused to give him more time to submit more extensively on the written law on section 59A and a case involving Sugamar Balakrishnan who succeeded on appeal after being barred from entering Sabah.

He informed Malaysiakini today that he had received instructions from his client to file an appeal against the judge's decision.

Politically motivated?

Gobalakrishnan was denied entry on Dec 24 when he flew into Kuching from Kuala Lumpur on a social visit. He said his ‘ban' was politically motivated and had voiced his intention to take legal action against the authorities concerned.

He had claimed that the moment he reached the airport, immigration officers had told him that he was not allowed to enter the state due to instructions from the state government.

He said an immigration officer had handed him a notice which read, "Tuan bukan rakyat Sarawak, tidak berhak untuk masuk ke Sarawak tanpa permit atau pas Akta Imigresen 1959-1963 (You are not a citizen of Sarawak and are not eligible to enter Sarawak without a permit or immigration pass)".

Gobalakrishnan flew back to Kuala Lumpur the same night.