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Section 59A

Exclusion of judicial review

of Immigration Act 1959/63

ActIn forceProvision 73 of 90
Section 59A
(1)

There shall be no judicial review in any court of any act done or any decision made by the Minister or the Director General, or in the case of an East Malaysian State, the State Authority,

††NOTE—In relation to Sabah or Sarawak, a reference to a Stipendiary Magistrate shall be substituted a reference to a Sessions Court Judge—see paragraph 111(c) of Subordinate Courts Act 1948 [Act 92].

Immigration 55

under this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision.

(2)

In this section, “judicial review” includes proceedings instituted by way of—

(a)

an application for any of the prerogative orders of mandamus, prohibition and certiorari;

(b)

an application for a declaration or an injunction;

(c)

any writ of habeas corpus; or

(d)

any other suit or action relating to or arising out of any act done or any decision made in pursuance of any power conferred upon the Minister or the Director General, or in the case of an East Malaysian State, the State Authority, by any provisions of this Act.

Definitions of “Director General” and “order” in sections 59

and 59A