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Overstayed a Visa in Malaysia and in Detention without legal representation. What can be done?

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asked on Sep 16, 2016 at 18:43
by   Thesarov1
edited on Oct 4, 2016 at 06:14
 
My friend has overstayed her visa by 11 months. She was trafficked into Malaysia and forced to work against her will. When I found out, I paid her debts and bought her a one way ticket to Vietnam. She was detained 72 hours ago at Kuala Lumpur International Airport (KLIA) 2. I have been given little help at airport or from Immigration Official. Just she is being held. This person is a victim of horrendous crime - not a criminal. 

My question is: How can I get her the legal representation which she entitled to? Money not a problem.
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4 Answers

answered on Sep 16, 2016 at 20:55
by   vkpc
Hisyam Teh Poh Teik & Co.

Tel : 07-2234968, 07-2234907
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answered on Sep 17, 2016 at 04:33
by   jeff005
edited Oct 4, 2016 at 06:10
 
@ Thesaovl

She was detained 72 hours ago at Kuala Lumpur International Airport (KLIA) 2. I have been given little help at airport or from Immigration Official. Just she is being held. This person is a victim of horrendous crime-not a criminal.
1. She is not held by Airport Authorities but by Immigration Authorities.

2. Being "victim" or not, is subjected to investigation by Immigration for having partake in a human trafficking situation.

3. She could have been in a situation as per description by a lawyer. Refer to:
https://www.lawyerment.com/answers/questions/3519/overstayed-a-visa-in-malaysia-and-caught-by-immigration-officers-what-happen-nex

4. Her unexplained longer detention could also be due to the fact what she has declared to Immigration turns out to be "cannot be verified". Examples are addresses and contacts in Vietnam and in Malaysia.

5. The norm for detention for overstaying is that she/he would be produced in court to be charged by 1 week to 10 days before sending to detention camps. Keep a look out for messages from her. For her defense  as a victim she may need the services of a good lawyer specializing in immigration laws and procedures.

6. A good lawyer is required to reduce her jail term and/or fines, nevertheless the 5-year ban will apply.

Forget about greetings if she calls. Just get:
7. Where is she held now
8. Which detention camp she would be send to
9. The date she would be charged and location of the Court (you can get legal representation then)

with the above information you may be able to pinpoint her location within 48 hours.
Forget the "I love U" "I miss U". She may have limited time call.

Hope this helps..
Good luck
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answered on Apr 2, 2017 at 16:59
by   John
edited Apr 10, 2017 at 04:36
 
Yes, this was very helpful... particularly the bit about get a good lawyer. I did. She was out in about 10 days. But it cost a lot. Banned for 5 years but she will never return. Thanks for taking the time. VERY much appreciated.
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answered on Apr 2, 2017 at 20:09
by   jeff005
edited Apr 10, 2017 at 04:38
 
You are welcome.

@ John
Do you mind sharing out how much lawyers fees you have forked out? And how much was the fines for her case as a victim.

She can come back after 5 years. Or you can go over to visit her any time. Ho Chi Minh City or Hanoi?

Or marry her in Vietnam, register the marriage at both countries. You may be able to bring her back in 2, 3 years.
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