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Immigration (Malaysia) Blacklisting, NTL, Ban Period, Appeals (For Inbound Visitors/Tourists)

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asked on Apr 27, 2017 at 02:47
by   jeff005
edited on May 8, 2017 at 03:52
 
Too many repeating questions have been asked on the above.

My personal views (non-legal) on the following.

Please understand the terms first, being the common immigration issues.
1. Blacklisting
2. NTL (Not To Land)
3. Ban Period
4. Appeal for shorter Ban Period
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answered on Apr 29, 2017 at 02:37
by   jeff005
1. Blacklisting

Blacklisting is permanent record. There is no removal. It is for life.
When a traveler overstays, there is a entry ban for a period of time. This is a blacklisting on Immigration records. Other offences like abuses of the Social Visit Pass, Student Pass, will also be blacklisted from coming into Malaysia for a period of time depending on the gravity of the immigration offences. 

2. NTL ( Not To Land) 
When a traveler enters Malaysia without proper visa, social visit pass and unable to prove the actual intention of coming into Malaysia, a NTL is stamped into the pages of the passport and will be turned back to the place/port of embarkation.

This is only a temporary ban on entry. There is an infinite period of ban period. Usually a period of 3-6 months (Cannot be verified, depending on circumstances). Possible issues of wrong of type of visa or social visit pass associated with Free Entry Visa and Free 30 Days Social Visit Pass (Tourist).

3. Ban Period 
A Ban Period is imposed on travelers who have infringed (break) immigration travel laws. Common offences are overstaying, working on a social visit pass and student pass. The maximum ban on re-entry is 5 years.

4. Appeal for shorter Ban Period
There is a venue for reducing the Ban Period under special circumstances by making an appeal to the Immigration Department with valid reasons. Case to case basis.

Dear Travelers, please stop asking

" How to remove a Blacklisting in Immigration Records ". There is no removal. Agents will cheat you of your monies and get you into more serious trouble.

Serious Notes : The above written is based on personal views/opinions and is non-legal advice.
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answered on Feb 2, 2018 at 02:53
by   Matilda
edited Mar 8, 2018 at 04:04
 
Foremost, I would like to thank you for all the effort you put into explanations for each case out here. I am also one of those victims of agent scams, although I admit for being so naive and irresponsible for trusting something so serious into hands of such people. Nevertheless, I have been reading your answers for quite sometime as I am still trying to find an answer for my case too. Well, if you don’t mind to listen another story then I will write down some brief information and would be really grateful for your professional expertise.

I was also lied and cheated by an agent who was supposed to help me with my transfer from one university to another. He was supposed to help me with the social pass extension, however he hadn’t done a thing right. The day he passed me my passport, I got it with some fake exit/entry stamps to some country, which undoubtedly wasn’t the deal. I felt that it was so wrong, and I had nothing to do except that I booked the ticket back to my country for the same day and wanted to leave right away. However, that is not what exactly happened. At the airport right at the immigration counter I was caught with those false stamps. So, not only I had false stamps but also overstayed for more than a month. I know each person you hear they tell you that they are innocent or some sort of same reasons, however it is true. As a foreigner, who is surely so ignorant about the Immigration laws and regulations, I had tasted my fate. 
Sorry for making it last for so long already, it’s just that I still can’t get an answer for how long I am being banned from entering to Malaysia again.

As I mentioned earlier, I have been reading a lot of your answers, Sir, and in some posts you had mentioned that there is such thing as “Forever ban”, and in this post you also cite that the Ban period is infinite. Although, later it is written that the maximum ban period is 5 years.

So my question is that if it is really possible that a person can be banned from entering Malaysia forever. I am asking specifically this because until now I haven’t been able to clear for myself what the stamp on my passport states. Since my deportation, which was on May 2014, I had asked from so many people from different organizations like Embassies and etc., to at least to know for how long I am being restricted from entering but no one seems to know anything so far.

Sir, I would really be so grateful if you could answer for my question. I won’t be able to post a picture of the stamp, however, at least I will write down the details so that you could have a notion of it. (It is a red square stamp on the last page, the heading is “RAI”, beneath “Ref:im-101/HQ-E/PDP/69/14/1-1(87)”, underneath “b/p. Ketua Pengarah Imigresen. 

Thank you in advance and look forward for some comforting news. 
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answered on Feb 2, 2018 at 11:48
by   jeff005
edited Mar 8, 2018 at 04:10
 
@Matilda

First tell me your country of origin, age, sex. Try to post further as a registered member in this forum.

RAI
This is given to those who had Local Police Reports or serious infringements of immigration laws against the defaulters. It can be a BAN for 10 years or "Forever" depending on the seriousness of the case. It depends on what the Immigration Court has classified your case (if any). Stamping that mark at the last page of the passport (if any) has serious implications. I doubt not many people dare to answer you, including embassy officials.

Write more on 
1.  How did you come in
2.  Since when to when
3.  Thru agents or EMGS
4.  What are the fines, penalties you have paid
5.  Any jail term (not in detention camps)
6.  Which Airport were you detained
7.  Have you ever make an application for Student Pass or ever received one
8.  When is your current passport expiring
9.  Why do you still want to come to Malaysia

While scratching the surface of your egg shelled case, there might be a possible solution to your situation.. no promises.
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answered on Feb 2, 2018 at 12:25
by   jeff005
edited Mar 8, 2018 at 04:11
 
@Matilda

A picture is worth a thousand words. Post what is stamped on your passport here.

Below are samples of immigration stamps:





Notice the "dash" at the RAI stamp. May refer to indefinite period of BAN.
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answered on Feb 2, 2018 at 14:23
by   Matilda
edited Mar 8, 2018 at 04:24
 
If you don't mind it, let me address to you at least as a Mr. Jeff, this way would be more comfortable to communicate as a I have big esteem for your expertise. 

Before I continue with my long detailed explanation, I have to ask to bear with me as it will take sometime to write down everything that was going on. 

To begin with, I am a girl, citizen of Kazakhstan, 25 years of old currently, at the time of deportation was 22. 

Regarding Local Police Report, never had one, and never even got in any troubles with the law or police for that time being in Malaysia for 5 years. I had been in KL from August 2009 only in the status of student. I had never been involved with any Social Pass Extension before that horrible accident. Since 2009, I was enrolled to English Language School with a Student Pass, then to Foundation Program in Sunway University, after that to Taylor's University for further studies, so I had always had proper visa of Student Pass. No problems were occurred in those years.

However, on my last University, I got carried away with my personal life so that I started to fail my studies horrible, so that I had to defer my classes. I was so naive, childish, irresponsible and ungrateful at the same time, so that I didn't appreciate basic things that were given to me even the legal status of a student. I decided to change my university for another one time to start from a fresh start (well, at least I thought so). As a result, I had cancelled the student visa with Taylor's University and went on vacation to neighbouring country for a week, then I applied for KDU University for a Bachelor Program, foolishly I hoped to receive VAT in such short time magically. Of course, that was not the case, my social pass, which is 30 days was about to expire so I had to fly back to my country as I was aware that travelling to neighbouring country another time wouldn't do the trick.

At the time, my parents didn't know that I was fooling around and transferring to another university, so going back to my hometown in the middle of the semester would cause many questions.

Very unfortunate for me, one of my friend suggested me this "brilliant agent" who could extend my Social Pass for another 14 days with additional cost, well, my so called friend was assuring me over and over that it is all legal and that he would never put me in any trouble by handing my destiny into hands of another fraud. I was stupid and so ignorant too, that you should never trust your life to someone, even to a friend who swore by his life that the whole process was legitimate.

I handed my passport several days before the expiration date, so that he could process it, however, none of it happened. I was waiting every single day, for each hour to receive any news about whereabouts of my passport, but none of the news were out there. That agent didn't answer my calls for so many days, and when he did answer me, he did assure me that it is being processed and there is nothing to worry about.

As a result of my long wait and exhausted agony, I did receive the passport after almost 5 weeks. And my passport didn't have any social pass extension and whatsoever. I cried, fainted and couldn't come to a sense after receiving an obvious false stamps, I didn't have to be an immigration officer to see if it was legit or not.

So, as I had already written previously, I was caught by the airport officer of Immigration Counter at the KLIA airport. As the consequence of this, I was detained, firstly locked up in detention centres then jailed for a month to Kajang Prison. Although, my family flew straight away as soon as they knew what was going on, as I had a chance of calling my Mom before all my belongings were taken away from me at the airport.

The representatives of embassy and the lawyer had assured my family that if I pleaded guilty and paid the fine, I would be only deported without any imprisonment, though that was definitely not my case scenario. The judge was not interested about my suffering, despite the fact that my family somehow arranged to hire a very reputable lawyer, maybe the lawyer was not that of a good as he didn't convince the judge to be a little lenient towards my case. Hence, the judge didn't give me a choice of paying the fine but sentenced me to one month of imprisonment in one of the worst prisons. I am a girl, who never even cheated in my exams, I was lazy though, as I didn't bother to know more about the regulations and consequences I am about to face regarding the permit. But being locked up in a prison was a great shock for me.
 
The day of the deportation, I was conveyed by an officer lady, who happened to be lenient towards me, she did ask me before the immigration counter if I ever want to come back to Malaysia, to which my answer was that I am not sure. I was really hoping that my restriction won't be for long but at that time I couldn't focus on anything except for the fact that I was free from the manacles.

So, this is what exactly happened without any exaggeration or etc. For your question, why you still want to come back to Malaysia, my answer would probably be very cliche and not really a strong motive like for others as I don't have a spouse or family waiting me there except for the fact that I was in Malaysia since I was 17 and I only know myself in that particular environment.

I know how it does sound, so "trite phrase" but it is a reality for me. Despite the fact that after my deportation I had been able to complete my studies in Turkey then I came back to my country but still I can't seem to find my niche. I don't know how to find myself in premises, which are not familiar to what I had been used to. Malaysia had become my second home. I just want to have a chance to come back and have the ability to travel back and forth as a free human being, there wasn't a day in which I haven't thought of my life back in KL. So as you can see, Mr. Jeff, I am desperately stuck.

As I am not sure about the length of my ban, I can not seem to have any idea of finding any resolution so far. 

I am really grateful for your time, Mr. Jeff and also I would be even more grateful if you could suggest me on my case, your expertise plus experience in this field might help me out a big time. 

Thanking you endlessly and looking forward for any advice or even for a probable solution. 
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answered on Feb 2, 2018 at 14:36
by   Matilda
edited Feb 2, 2018 at 14:37
by   Matilda
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answered on Feb 2, 2018 at 21:14
by   jeff005
edited Mar 9, 2018 at 02:19
 
The representatives of embassy and the lawyer had assured my family that if I pleaded guilty and paid the fine, I would be only deported without any imprisonment,
Crazy oxymorons..  One is eager to send you back, the other get their fees and close case. I do not know which of them are the worst, they or the bogus agents.

Q. Why plead guilty to a crime you did not commit? You are just the victim..!!
You only plead guilty to overstaying without intention.

Forgery of Government docs is a Crime and warrants / carries a jail term 5 years imprisonment.

I had been hauled to the High Court by my ex wife for Criminal Intimidation and Molestation before. I plead guilty to verbal intimidation and not guilty to Molestation because she opened her trousers to let me see and touch in exchange for special favors from me. In the end High Court Judge did not convict me... of anything..

Reputable Law Firm? Maybe they send a chambering student there who does not know what are Immigration Laws. Every lawyer can claim that they know laws, Bankruptcy, Litigation, Divorce Laws, Immigration Laws. Most of the regular forumers here also know.. what is so difficult? Just open the pages of the respective law books and read.
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answered on Feb 2, 2018 at 22:25
by   jeff005
edited Mar 8, 2018 at 04:30
 
@Matilda

Coming from the Central Asia regions, your English is very good and you have expressed yourself very well. You studied Business Communications?

Your position has been exacerbated, compromised by your guilty plead in the Immigration Court. I cannot read your language, but I am assuming that it is stamped on the last page of your passport for the whole world to see. However the changing to new passport will clear this blackmark except for travels to Malaysia only as it is on Malaysian computer systems.

What you can do
1.  Write an appeal letter to The Malaysian Embassy in your country.
2.  State your mitigating facts.
3.  You were in a student legally in Malaysia for 5 years and have not committed any offences before.
4.  You have been punished and jailed for a crime you did not commit at age 22.
5.  You have been misrepresented legally.
6.  Your jail term is an injustice plus depriving you of tertiary education here (that's 2 injustices).
7.  Keep your old passport well to indicate you were here on student pass for 5 years.
8.  You would be glad to travel for a short visit to Malaysia to meet up with college mates to exchange experiences in Life.
9.  Apply for a paying and correct Visa to enter.

My Personal Observations on your passport page
10.  There is no period stated of BAN. That means you can come back to visit Malaysia. I have read those on Student Pass Infringements that they came back after a period of 3 years (depending on circumstances).
11.  Malaysia and Kazakhstan is high on good terms since last year. Eyeing the oil and gas sector? So is China OROB (One Road One Belt). Malaysian Embassy may grant you a Visa for the purpose of Tours. Immigration Malaysia may allow a 30 Days Tourist Social Visit Pass. Please...  I am just speculating. However a Marriage Invitation may strengthen your Appeal. If you enter once, you can enter freely again.

Good luck young ex punk... You have matured tremendously and wiser due to this bad incident in life.

Cheers...
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answered on Feb 5, 2018 at 22:11
by   Malinee
edited Mar 9, 2018 at 02:27
 
While I'm trying to find the way to solve my blacklist problem, I found your post. Thank you for your information as above, it’s really useful for me.

In my case, not really different from Matilda. I was an Exchange Student in KL for a year and that makes me love the country, so after graduated I decided to come back KL again but unfortunately, one of my friend gave my passport to agent and made illegal stamp. I was arrested in KLIA2 by the Immigration because I didn’t know that I held the fake stamp and of course I have been in Kajang and holding area for 2 weeks before my friend paid the fine for me.

I know that I shouldn't stay that late by the way I'm Thai, 22 years old and seriously I was not working illegal there.

About my stamp:

First time immigration officer told me I'll be banned for 5 years but one of officer told me that RAI means I'll be banned for forever.

After released from Malaysia here is the last stamp I got. Could you please have a look?



By the way, my friend told me the lawyer can handle it and now I’m still waiting for an update. I may not go back to Malaysia because my family is afraid that will happen again, so do I. However I think that it's better to clear it out because I worry it will affect my career in the future.

@Jeff, thank you. I'm looking forward to hearing from you.

@Matilda, wish us luck going through this.
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answered on Feb 5, 2018 at 23:05
by   jeff005
edited Mar 9, 2018 at 02:31
 
@ Malinee

Which Province are you from?
Were you charged in a Immigration Court in the Sepang district?
What are the fines or types of fines you have paid and how much?
How many days you have over stay according to the court charge sheet?
Were you represented by a lawyer when you were brought to the Immigration court?

Can you trust your friend's judgement again?
If that lawyer ask for more moneys, DO NOT PAY..!!
What did that lawyer says she/he can do?

A RAI stamp can be a BAN of 5 years or Permanent/Forever, depends on the offenses committed. In your case, it can be appealed and if successful, you may be able to come in again after 2-3 years.

You have to expire this Blacklisting in Malaysia. Thailand has started last year on advanced biometrics and facial recognition features which will be updated into the ASEANAPOL Database shared by a few countries.

Answer my above questions carefully.

From the stamp you have posted, your case and Matilda are different although both  RAI stamped.
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