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Ban period for a prohibited immigrant under section 8(3)

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asked on Jan 24, 2018 at 07:06
by   Joseph2018
edited on Mar 9, 2018 at 03:30
 
Since several years my Malaysian friend and I spent a few months in Malaysia and a few in the Netherlands. To extend my visa I always go to Singapore with the company of my friend.

Last time (in January 2018), I went alone because my friend was very ill and couldn't come with me. This time the Immigration refused me to go back to Malaysia. They gave me a paper showing the refusal of entry to Malaysia being a prohibited immigrant under Section 8(3) of the Immigration Act, 1959/63. The officer advised me to go back to the Netherlands and I did. No further advice and no explanations about how long I need to stay there before I can go back.

I would like to know how long the legal ban-period is and if there is a possibility to return soon because my Malaysian friend is very ill and needs me there.

Thanks in advance for your answer.
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answered on Jan 24, 2018 at 08:51
by   HausJenssen
Post a copy of the love letter here for better understanding. That letter is not for you right?
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answered on Jan 26, 2018 at 05:15
by   Joseph2018
edited Mar 9, 2018 at 03:31
 
@HausJenssen, I don't understand your answer, what do you mean by "that letter is not for you right"? Can you help me?
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answered on Jan 26, 2018 at 08:57
by   HausJenssen
edited Mar 9, 2018 at 03:31
 
To whom the letter is addressed to?
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answered on Jan 26, 2018 at 23:33
by   Joseph2018
edited Mar 9, 2018 at 03:36
 
I don't have any letter but the paper the officer gave me at the border Singapore/Malaysia is for me. They refused me to re-enter and now it's me the "prohibited immigrant"!

I really need to go back but don't want to take any risks to be refused again. Meanwhile I'm preparing all documents like, return ticket, invitation and address from my friend, proof from the bank, certificate from the doctors/hospital in Malaysia to proof that my friend is incurable ill and that he needs me there, in Malaysia!! and et cetera. I desperately tried to contact the Immigration in Malaysia by phone and by mail but until now no contact, no answers, no information.

Do you know where I can have information why I was refused entry, what my status is and how long I need to stay (ban-period) in the Netherlands (and if) I can go back?
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answered on Jan 27, 2018 at 01:51
by   jeff005
Are from from Holland or France?
Apply for a paying visa to enter Malaysia from your country of origin. It should be a Visa for Reference for the purpose of applying a LTSVP in Malaysia once you have landed.

You have been given NTL. Even if you have all those relevant docs with you, you can still be turn back. The only possible solution is to get a paying visa to enter, then applying for the LTSVP.

COME back after 45 days on the safe side.
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answered on Jan 27, 2018 at 07:07
by   Joseph2018
edited Mar 9, 2018 at 03:40
 
@Jeff,

I'm Dutch and I thank you so much for your answer.

Although 45 days is a long period (too long actually), I am glad to hear that:
1. I can go back anyway and
2. You explained the only possible solution to me.
 
My last question is how to apply for both visa? I suppose that for the paying visa, I must apply at the Malaysian Embassy in the Netherlands and for the Long Term Social Visit Pass (LTSVP), I need to apply at the Immigration in Malaysia, is that correct?
 
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answered on Jan 27, 2018 at 12:09
by   jeff005
edited Mar 9, 2018 at 03:41
 
Correct.

You a girl or boy? Age?

Incurable diseases can be diabetes, tuberculosis. Terminal diseases like cancer, heart problems. Write and apply wisely and should be no problems.

LTSVP applications are made at the Immigration Centres together with the sponsor. Nearest sponsor location. Not at the Immigration airports.

Good Luck!
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answered on Jan 28, 2018 at 18:32
by   Joseph2018
edited Mar 9, 2018 at 03:43
 
Thanks again for your answer.

I am a man aged 53..

LTSVP applications are made at the Immigration Centres together with the sponsor. Nearest sponsor location...

You mean by « sponsor » the person who invites you, so in my case my friend? The problem is that at the moment my friend can't come with me to the Immigration Centre because he is too ill and in the middle of his medical treatments. He is diagnosed with terminal cancer, so indeed a terminal illness and not an incurable disease. That's the reason why I would like to go back as soon as possible. 

Is 45 days really the shortest delay or is there an other solution? And can I get a LTSVP without the presence of my sponsor? To enter I will first apply for a paying visa, as you suggested me, and once in Malaysia I will see how things are going and how to get a LTSVP.
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answered on Jan 31, 2018 at 10:48
by   jeff005
edited Jan 31, 2018 at 11:18
by   jeff005
Section 8 Immigration Act 1959/63

Section 8 . Prohibited immigrants.

(1) Any person who, in the opinion of the Director General-

(a) is a member of any of the prohibited classes as defined in subsection (3) and is not a citizen is a prohibited immigrant.

(b)[Deleted by Act 27 of 1963].

(2) Subject to any exemption granted under section 55-

(a) no prohibited immigrant who is a member of the prohibited class defined in paragraph (3) (o) shall enter Malaysia or, where he becomes a member of such prohibited class after he has entered Malaysia, remain in Malaysia; and

(b) no other prohibited immigrant shall enter Malaysia, unless he is in possession of a valid Pass in that behalf issuable to a prohibited immigrant under any regulations made under this Act.

(3) The following persons are members of the prohibited classes:

(a) any person who is unable to show that he has the means of supporting himself and his dependants (if any) or that he has definite employment awaiting him, or who is likely to become a pauper or a charge on the public;

(b) any person suffering from mental disorder or being a mental defective, or suffering from a contagious or infectious disease which makes his presence in Malaysia dangerous to the community;

(c) any person who refuses to submit to a medical examination after being required to do so under section39A (1);

(d) any person who-

(i) has been convicted in any country or state of any offence and sentenced to imprisonment for any term, and has not received a free pardon; and

(ii) by reason of the circumstances connected with the conviction is deemed by the Director General to be an undesirable immigrant;

(e) any prostitute, or any person, who is living on or receiving, or who, prior to entering Malaysia, lived on or received, the proceeds of prostitution;

(f) any person who procures or attempts to bring into Malaysia prostitutes or women or girls for the purposes of prostitution or other immoral purpose;

(g) vagrants and habitual beggars;

(h) any person whose entry into Malaysia is, or at the time of his entry was, unlawful under this or any other written law for the time being in force;

(i) any person who believes in or advocates the overthrow by force or violence of any Government in Malaysia or of any established government or of constituted law or authority or who disbelieves in or is opposed to established or who disbelieves in advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;

(j) any person who is a member of or affiliated with any organisation entertaining or teaching disbelief in or opposition to established government or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or officers generally, of any Government in Malaysia or of any established government, because of his or their official character, or advocating or teaching the unlawful destruction of property;

(k) any person who, in consequence of information received from any source deemed by the Minister* to be reliable, or from any government, through official or diplomatic channels, is deemed by the Minister* to be an undesirable immigrant;

(l) any person who has been removed from any country or state by the government of that country or state on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is deemed by the Director General to be an undesirable immigrant;

(m) any person who, being required by any written law for the time being in force to be in possession of valid travel document, is not in possession of those documents or is in possession of forged or altered travel documents or travel documents which do not fully comply with any such written law;

(n) the family and dependants of a prohibited immigrant; and
(o) any person, or any member of a class of persons, against whom an order has been made under section 9 (1) (a), or whose Pass or Permit has been cancelled under section 9 (1) (b) or 9 (1)(c) respectively, or to whom such cancellation applies under section 9 (6).

(4) The burden of proof that any person seeking to enter Malaysia is not a prohibited immigrant shall lie upon that person.

(5) Subject to any exemption granted under section 55, if any prohibited immigrant enters Malaysia otherwise than in accordance with a valid Pass lawfully issued to him he shall be guilty of an offence against this Act.

(6) Except where a person is a prohibited immigrant under subsection (3) (o), any person in possession of a Permit issued to him under this Act who, upon his arrival in Malaysia, is refused permission to enter upon the ground that he is a prohibited immigrant, may appeal against the refusal within such time and in such manner as may be prescribed, to the Minister+, whose decision shall be final:

Provided that, notwithstanding sections 24 and 26, any person who appeals against such refusal  shall be permitted to disembark and shall be detained in an immigration depot pending the determination of his appeal, unless released on a Pass issued at the discretion of the Director General on such conditions as to furnishing security  or otherwise as the Director General may deem fit.

Source :-  Immigration Act  PDF
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answered on Jan 31, 2018 at 11:05
by   jeff005
edited Mar 9, 2018 at 03:47
 
@ Joseph2018

Personal opinions (non-legal, non-committal)

Read:
@ jdutch
https://www.lawyerment.com/answers/questions/12530/penang-malaysia-immigration-stamp-im-96-c-p-lta-bertarikh-17nov2017

@ Dejoboh
https://www.lawyerment.com/answers/questions/12534/multiple-entries-on-social-pass-and-was-given-special-pass-will-i-be-blacklisted

Your issues and solution are the same as the above cases.

As far as I am concerned, once you can the appropriate visa from our Malaysian Embassy / Consulate in your country, you can come back anytime. Please do not quote me, your own risks on your airfares. Just apply with all supporting documents including the letter from Malaysian Immigration. @jdutch came back after 1 month.

The sponsor can be any relatives of your friend or from your circle of Malaysian Friends. 

Good Luck to you.
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