These pack of lies strteches to the very core of the unlawful detention of the H5 on trumped grounds of detention under ISA.
The future of Malaysia managed by liers is doomed to that of Mynmar and Zimbabwe where their currency now worthless.

The ground for the detention under ISA is for being a “threat to national security” – which could mean almost anything! And they don’t have to reveal the evidence they have if any. These detainees are not even charged! They don’t know what crimes they have been alleged to have committed.

No right to judicial review of the Minister’s decision. Yes.

In violation of the law of natural justice? Sure.

All these are remedies available at common law. But they negotiate around that so to speak by making it statutory when P’ment passed the Act we now know as the Internal Security Act or ISA.

The court proceedings were on legality of procedural issues, and not the gorunds of their detention. In fact the amendments to the ISA gives the Minister absolute power in that his decision is one that cannot be questioned, in violation of natural justice.

You are partly right.

First, if you are applying for asylum make sure the country you are applying is a signatory to the 1951 U.N. Convention and the 1967 U.N. Protocol Relating to the Status of Refugees – Malaysia is not among them which explains the ill-treatment meted by the government of Malaysia to refugees ( a subject for another day).

If Moorthy found out about the revocation of his passport whilst in the U.K. then obviously he has no travel document he could use to travel out of U.K. – unless he also holds an Indian passport (The Malaysian government does not allow its citizens to hold another passport from any other country. Some countries do. Indian nationals are allowed to hold U.K. passports). The natural thing for anyone in his predicament would do at that point is to apply for asylum to the Asylum Office (presumably part of the Home Office). We call this part of the process affirmative application for asylum. If his application is refused or if there are issues which have to be adjudicated it enters into the next stage. The case then goes before an immigration judge – part of the removal proceedings.

During the interview with the asylum officer, he needs to demonstrate that he has a convincing case. Some form filling and some newspaper cuttings from papers in Malaysia would do the job including correspondences if any from Malaysia’s Ministry of Home Affairs including threats to his life if these could be documented. If the asylum officer grants him political asylum, he will be issued with papers authorizing him to stay indefinitely and to work and within a year he should get his permanent resident status and later U.K. citizenship.

The issue you raise i.e. the fact that he is on record recently for having commenced public interest litigation against the U.K. government, is relevant. The other issue is the issue of his reported connection to the LTTE (deemed a terrorist organization by the U.S.). The asylum officer is not a lawyer, legally trained to adjudicate on the issues. He would be too happy to pass it on to the immigration judge to adjudicate on the issues.

When his case goes before the immigration judge as part of the removal proceedings, his case starts all over again. He has to demonstrate to the judge just like he did to the asylum officer, that he is a refugee who has a well-founded fear of persecution if he were to return to Malaysia based on one or more of the five statutory grounds i.e. race, religion, nationality, membership in a particular social group, political opinion. He can take the case pro se or have a lawyer represent him but the burden of proof is on the applicant, and the standard of proof is higher than the civil standard – close to the criminal standard but not quite there.

Then don’t forget he could also rely on the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He could try and make a case that the Malaysian government would use the ISA and have him thrown into jail if forced to return to Malaysia where he will be subject to mental torture and other degrading treatment for an indefinite number of years.

In my opinion, he has a good case for both. But he must remember it is discretionary and involves the balancing of equities by the immigration judge. The immigration judge’s decision is subject to appeal.

So there you go, Moorthy! Let me know where I can send you my bill!

The Malaysian government’s case against Waytha Moorthy & rest of HINDRAF’s leaders is that they misrepresented and lied – about genocide in Malaysia and have committed the offence of sedition. Would UK Home Office give Waytha Moorthy benefit of doubt and dismiss Malaysian government’s allegations? The fact that he is party to a group that was responsible to bring a RM trillion frivolous legal suit against British Crown, knowing that it has no legal basis but just to draw international attention to the Malaysian situation, does not exactly help his cause on the issue of credibility. These are some of the vexed problems on this issue of whether he is entitled to political asylum.

However, what this special position means is open for debate.

Some believe it merely meant socio-economic position, one that changes dynamically and hence can be renegotiated.

Further, pre-independence documents – the Cobbold Commission Report, Federation of Malaya Constitutional Proposals and the Reid Commission Report – reveal that this position was meant to be temporary.

The “special right” of Malays was therefore understood not as a God-given mark, but recognition of socioeconomic status until such a time this could be elevated.

The following is a letter written to the SUN on Fri 16th May 2008:-

High achiever losing faith

I AM an SPM 2007 school leaver and it grieves me that having achieved 10A1s has got me nowhere in my homeland.

I was rejected by the Public Services Department (PSD), Public Institutes of Higher Learning (IPTA) and matriculation programmes, while Petronas, Bank Negara and the Telekom Malaysia Foundation did not even call me for an interview – all of which has started me wondering if we can really make a difference through education.

To put myself in the best position, I went all out in taking part in co-curricular activities. I represented my school in the national level Robotic Carnival 2007 and won the third prize in the national level Mathematics Carnival in 2006. I was a prefect in school, sub-editor on the school editorial board, homeroom president and Mandarin Club treasurer. In terms of community involvement, I was a student reporter at the Sin Chew Daily.

My parents are government servants nearing retirement age. My father, tormented by renal failure, continues to work for a meagre income, for this income sustains his medical bills, for this income keeps my siblings in school. It wrenches my heart to learn that I am anything but an extra burden. It saddens me deeply, for the price my father pays – his deteriorating health – is too dear for us to bear.

Two years ago, I took up the challenge of studying at Maktab Rendah Sains Mara (MRSM). The stay instilled in me tolerance, people skills and the importance of cherishing differences. After the pain of living far away from home and rising every time I fell, I arrived at my latest achievement – the Best Student award.

I saw hope on my reflection in the shimmering trophy, and now, it grieves me to find that I have nowhere to go. Besides, another non-bumiputra friend – the Best Student from another MRSM, having achieved a CGPA of 4.0 in three semesters out of four – and who is outspoken and active in co-curricular activities, was also denied by the PSD, IPTA, Petronas etc.

It kills me when my friends came to seek my opinion on whether to go for IPTA, matriculation or Mara (they have multiple choices). Being non-bumiputras, we are not entitled to any Mara-related scholarship. Yet, the PSD still has a quota (only 20%) for non-bumiputras, which is not commensurate with the ratio of the Malaysian population.
Out of 2000 PSD scholarships, only roughly 400 is for non-bumiputras. Please bear in mind that Mara offers various other scholarships, with many benefiting through the SPC (skim pelajar cemerlang) programme that uses trial exam results – which only bumiputras are entitled to – and others through SPM result. All Malaysians are the backbone of this land, so why distinguish bumiputras from non-bumiputras?

My faith diminishes with time.

I don’t understand why after the years at MRSM, and being financially needy, active in co-curricular activities and excelling academically, I still need to seek clarification on why I am still lacking. I have seen people with combined household incomes of RM15,000 getting scholarships. This only makes the rich richer, while the poor stumble at the financial barrier.

MRSM makes no difference for the non-bumiputra. Will I ever see a colour-blind society in my lifetime? Please don’t punish me because of my skin colour, this is where I live and this is where my loyalties lie.

Tan Jun Yen
Ampang

……………………
And the following are comments taken from this blog:

http://malaysianpolitics.com/

It was heartbroken to hear and see so many talented Malaysians left the country for their future: singers, scholars, entrepreneurs and many more.
Every year, a lot of brilliant students are deprived a chance to obtain a scholarship to study overseas. Again, a lot of students could not pursue the course that they like in universities. Students who eagerly want to study are not given a chance; students who merely scraped through the exams are offered scholarships, competitive courses in universities, etc. Has our beloved Malaysia gone haywire?

Once, my friend sighed to me, a country that he has sang “tanah tumpahnya darahku…” for so many years did not offer him the course which he liked. On the other hand, a country which has no kinship with him offered him a course that he chose, together with a full scholarship and yearly allowance. So, tell me, what is happening?

Instead of always looking for external faults, why not change the perspective? Look internally instead. What has gone wrong with all the policies? Find out the fundamentals, find out the roots of each problem. Do not just mending issues at the surface or sweep under the mat. Be brave to face it, admit it and appreciate, recognise the talents that are around who are willingly committing for the better future of Malaysia.

(1) the issue (root of present problem) is ISA and detention of leaders. HINDRAF has already made its point. Govt’s attention on the need to look into Malaysian Indians’ plight is already achieved not only by HINDRAF’s street demonstrations but provided the impetus in part by HINDRAF, the demonstration of Malaysian electoral will on 8th March! Of course drawing one’s attention is one thing, doing something about it is another, and the second part needs a longer time to assess govt’s commitment. For now there is no reason for HINDRAF to carry on its street protests (except for obtaining reprieve for its leaders detained under ISA and resisting the arrest that will be effected when Waytha Moorthy steps on Malysiuan soil).

So the issue is more on the ISA and its use by powers that be to extract their pound of flesh from HINDRAF’s promoters who have contributed to their electoral set back in March.

This means if one can forget about ‘revenge’ and focus on ‘win-win’, the ‘deal’ can be simple : the govt should release HINDRAF’s leaders under ISA and give undertaking to Waytha Moorthy not to arrest him for his role on the counter-undertaking of Waytha Moorthy’s and rest of HINDRAF’s leaders to desist from further campaign internationally to besmear the Malaysian government and not to take to the street demonstrations further since the whole point of these demonstrations have been noted by the government and backlash felt. Forge and take it – such a deal I mean. It is good for national healing, unity and reconcilation. Now everybody (both Hindraf & Govt of Malaysia) will emerge looking and smelling good on such a deal!

(2) The revocation of Waytha Moorthy’s passport and continued detention of the rest under ISA shows one aspect of the govt – its unwillingness to reform; on the other hand, the proposals for Judicial Reform by Govt (setting up of Judicial Appointment commission) + the govt’s willingness to publicly disclose Lingam Tape Royal Commission’s report implicating and recommending investigations of former premier TDM, Ahmad Fairuz Sheikh Abdul Halim and Eusoff Chin, senior lawyer VK Lingam, former minister Tengku Adnan Tengku Mansor and business tycoon Vincent Tan shows the contrary aspect of willing to reform. The picture appearing is that the ruling party is truly conflicted in its soul after 8th March, like story of Dr. Jekyll and Mr. Hyde, one part of personality wanting to re-invent image and change for the better to survive, whilst the other loves its old bad self, hence the conflicting signals to rakyat…..

like the so many words only go back go back go back for 50 years this was said, for 50 years still saying comoon lah , you fellas more intelligent , is that the biggest tag line.

This is intimidating people to segreagte , further widening of a divide made to last 50 years ago.

Goto http://www.ipsofactoj.com and search for “refugees persecution social group political opinion”.

The search words are actually a part of the wordings in Art.1A(2) of the Convention Relating to the Status of Refugees 1951.

The Art says that a refugee is any person who “owing to well-founded fear of being persecuted for reasons of [... not relevant ...], membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country …”

Is Mr Jeffrey QC correct to doubt Waytha Moorthy’s entitlement to a protection visa for having brought a “frivolous suit against the British Crown seeking damages for her colonial policies …”?

Would this be a relevant consideration?

My advise to Waytha Moorthy is to come back home.

It will give you the status of A HERO and this may be useful in term of furthering your cause.

Although I do not support Hindraf’s cause, I am symphatatic towards to plights of the Indian community in malaysia and see the need by the government of the day to address their situation.

I don’t know much about the so-called statutory grounds for asylum leave but it seems to me that if you are part of a leadership group that brings a vexatious and frivolous mega suit against British Crown, (implicating 3rd party (British tax payers monies if suit were for any reason successful) – albeit that suit might be just a devious ruse to draw international attention to Malaysian Indians’ conditions in Malaysia – it is a factor that cannot be ignored by the UK Home Office bearing on the question of “credibility” that in turn may or may not relate to whether “he is a threat to the security of the United Kingdom”.

The other part of the comment whether he comes under one of the exceptions to asylum eligibility – that “he may have a problem with his connections to the LTTE” – no, I assume he has no connections to the LTTE because otherwise, not only he is not qualified for asylum, he would also be totally qualified to be arrested by British authorities and sent back to Malaysian authorities for immediate incarceration under ISA!