KUALA LUMPUR: A Rohingya man previously convicted of rape has failed in his bid to secure release from immigration detention, where he has been held for more than three years after completing his prison sentence.
The Johor Bahru High Court ruled that Hamid Dulup Kamal Ahmad's continued detention at the Pekan Nenas Immigration Depot in Pontian was lawful, despite concerns over its duration.
Judicial commissioner Abdul Fareed Abdul Gafoor said Hamid had been detained for more than three years, describing the duration as a matter of legitimate concern.
"This court is mindful that the detention has now exceeded three years. That is a matter of legitimate concern and one that may be raised elsewhere.
"The only question before this court on a habeas corpus application is whether the detention is lawful," he said in his written grounds of judgment dated Oct 6.
Hamid was previously convicted of rape under Section 376 of the Penal Code and an immigration offence under Section 6(1)(c) of the Immigration Act.
He served his sentence at Kluang Prison before being rearrested by immigration officers at the prison gate on June 1, 2023, immediately after completing his sentence.
The Immigration Department issued removal and detention orders against him on the same day.
Hamid has remained at the Pekan Nenas Immigration Depot since then, pending deportation.
He filed a habeas corpus application seeking his release, arguing that his detention had become unlawful because it had exceeded three years.
In dismissing the application, Abdul Fareed said the Immigration Department had established that Hamid's arrest and detention were lawful and that the removal and detention orders were valid.
The judge rejected Hamid's argument that the duration of his detention alone made it unlawful.
On Hamid's refugee status, Abdul Fareed said his pending registration with the United Nations High Commissioner for Refugees (UNHCR) did not automatically exempt him from Malaysian immigration laws.
The judge said Hamid fell within the category of prohibited immigrants under Section 8(3)(d) of the Immigration Act because he had previously been convicted and imprisoned, had not received a free pardon and had been deemed an undesirable immigrant by the Immigration director-general.
Hamid was represented by lawyer Shaik Saleem Shaik Daud, while deputy public prosecutor Mohamad Amri Alfiqri appeared for the Immigration Department.
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