Appeal process for early Malaysia Immigration ban upliftment on behalf of spouse

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asked on Jul 22, 2020 at 20:18
edited on May 11, 2021 at 20:04
I am Malaysian, married to my husband who is a Nigerian. We got married in 2018 in his country. It was a sudden marriage as per his mother's request since we both have a son together (her health condition is one of the reason too). We got married and went to Malaysia High Commission in Abuja to attest our marriage certificate. We also had the paternity test done on our son who is now 4 years old (of which my husband is the biological father to my son).

Last year (2019), my husband applied for visa to visit us in Malaysia and his request was denied and they requested us to check with Malaysian immigration.

Later, we found out that he has been blacklisted to enter Malaysia since 2016 (the reason was not disclosed to me as the officer said, my marriage was not registered in Malaysia). The immigration told me that he is blacklisted from entering this country for 5 years. This year (2020) happen to be the 4th year.

I would like to know, is there any way I could appeal to immigration for them to allow my husband to enter so that we could proceed with our marriage registration here and reunited with his child and wife. I have with me our marriage certificate attested by Nigeria Foreign Affairs Ministry and Malaysia Embassy in Abuja and paternity result from the hospital.

Thank you for your opinions/suggestions.
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answered on Jul 23, 2020 at 12:47
edited May 11, 2021 at 20:08

Personal Comments

I would like to know, is there any way I could appeal to immigration for them
Unfortunately, any appeal may be rejected due to the following:-

1. The blacklist was levied before the marriage was registered in Nigeria.

2. There is no functionality of the Paternity Test in the eyes of the Law of the Land as, if the father's name is not inserted in the child's birth certificate.

3. If you are a Muslim, bringing this paternity proof may cause more other issues in the future, for you and the child at any Kementerian Dalam Negeri applications for Long Term Social Visit Pass (LTSVP) and/or Citizenship application of the child.

4. Attestation of docs is a standard procedures for Embassies, one can attest anything in their own country, but if the docs tendered into Malaysia have broken laws of Malaysia, as in this case, an illegitimate child born out of wedlock, it becomes useless attestations.

5.  In any case, those who were ban from Malaysia, the current policies is that it can be extended for time immemorial, some were actually lifelong ban depending on the type of immigration offences committed.

(Caveat: The above comment is written by a Q&A registered User. It represents a personal point of view and is in no way associated with others in this forum nor be regarded as legal advice)
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