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RAI on passport

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asked on Sep 6, 2022 at 22:50
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edited on Sep 6, 2022 at 23:34
by   kick_suji
Dear Mr Jeff, I am a Singaporean and was charged in court back in 2011 due to entering Malaysia (via JB-SG causeway) without a valid stamp. 
subsequently, i was able to enter and exit JB for 2016, 2017 and 2018 with no issues. However in 2019, the immigration officer said that I was banned from entering Malaysia and the officer wrote RAI (as attached). 
Based on what I have read so far, does this mean I have a lifetime ban (with no chance of appeal) and am unable to enter Malaysia forever?
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9 Answers

answered on Sep 6, 2022 at 23:47
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The "RAI" was already imposed on you on 13.09.2011

The tenure for "RAI" is at least 10 years (years ago)

Policies could have changed over the past few years.

It was in 2018-2019 that MY IMI had a changed of Computer Systems whereby there is "updating of past records". Blacklisting became Automated.

does this mean I have a lifetime ban (with no chance of appeal)
In MY IMI Laws, there is a venue for appeal with "valid reasons"
Only the last 4 years, due to massive illegal immigration, "RAI" becomes "lifetime ban".

It is not known why there is no valid stamp in your case, can be very subjective as to who is "more at fault".

I had a few cases years ago that those using JB causeway, sometimes their passport was not stamped. You have to get proof from Spore IMI at causeway that you have exited legally from Spore into JB. You are also at fault for not checking if your passport have been stamped or not. Try the Home Ministry in Spore, get evidence and submit to the Malaysian Embassy.

Personally I do not feel that yours is a very serious offense as this type of IMI infringement is very subjective. So it "may be" appeal.
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answered on Sep 8, 2022 at 15:42
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Hi Mr Jeff, thank you for your answer! Really appreciate it. 

I had a few cases years ago…
Does this mean that the cases you were on previously, they are still able to enter Malaysia?
Am I able to obtain your services for this case and may I email you?
Thank you.
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answered on Sep 9, 2022 at 12:58
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Does this mean that the cases you were on previously, they are still able to enter Malaysia?
Yes.. some have already came back based on their circumstances and appeal with Valid reasons. One PH even came back and started a lawsuit against the agent who has scammed /misled her.

may I email you?
Yes of course. But charges applies same as in this case  https://www.lawyerment.com/answers/questions/14134/bad-debt-advice-needed?g=3#tab-top

Immigration issues for different people can often be related to their personal  circumstances.

Like @ Yanimach case, it was about a blacklist in 2015, but upon further deeper investigation, there could be a second blacklist in 2018.

Like @ Mo Baha case, it was presumed to be an overstay issue, but upon further investigations, it could be a COM issue. He can come back on a Tourist Visa.

As in your case, there are also could be other issues. There is no valid stamp, very subjective.. is there a valid passport? I have given a solution already, go for confirmation of exit from Spore IMI. There can be other legal venues if and when the opportunities is available (legal venues).
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answered on Sep 13, 2022 at 16:24
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Many thanks, I have received your donation.

I had initiated critical Qs about ur situation and circumstances.

All Qs asked are not silly ones (though most people thinks, are irrelevant), most of which will pave the way if an appeal to MY IMI HQ is required.

Rdgs
Jeff Lee
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answered on Sep 19, 2022 at 14:18
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edited Sep 19, 2022 at 14:20
by   jeff005
@ kiki_suji

Sorry for late reply.. i was out of town for medical treatment.

Some of your predicament, i shall discuss here for the benefit of others who does not know how immigration laws, current policies and the execution of the duties of IMI Officers.

Case facts :

1. Event started in 2011

2. You went into JB on a motorbike with a friend for regular joy ride and visits to relatives

3. You have 4 passports since then. Passport 1,2,3 had RAI stamped into the last page. Passport 4 is virgin inside Malaysia, so keep it that way, the best way is to make official appeal to erase the active RAI record inside MY IMI computer systems.

4. It is not know what actually you have been charged for. "Without valid pass" is very subjective as it once if there is entry stamp, it is a valid entry. Moreover it is a day trip or two (overlapped by midnight). There was a witch hunt during that period by traders complaints who did not benefit from the exodus of S'poreans shopping and eating in JB city.
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answered on Sep 19, 2022 at 14:39
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Quote :
 (I either admit the charge and get to go back home or go to jail (i think it was Senai Prison or some Prison). I was fined RM8,000)

You should have been held in a IMI Detention camp.
The IMI laws states that you can be held for 14 days without giving reasons for detention. You must be charged in either IMI or Civil Court within 14 days or else be released. From your location, my guess it is a mobile IMI court (they have at that point of time).

The officer is IMI DPP officer... their job is to close this case asap. Therefore some threats made, some false promises were offered as a carrot to admit to the charge (sometimes you will not know the full number of charges). My personal opinion is the the RM8,000 fine does not commensurate with "without valid pass". Even if a foreigner was caught working inside Malaysia (at that point of time) was fined RM5,000 (with valid passport and a blacklist of 5 years (RM10,000 for expired passport).

The moment a defaulter is charged and has made admission to the charge, there is no mercy from Judge. The DPP has no say on jurisdiction of the Judge. It is my personal view that the blacklisting period will commensurate with the amount fined in an automated system.
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answered on Sep 19, 2022 at 14:56
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SG ICA has replied and asked me to produce "documents related to the purpose of your request (e.g letter from your legal counsellor etc)"
You have to produce screenshots of the RAI stamps of the 3 passport as evidence.

I do not think you have given a copy of the signed "confession" IMI charge sheet (always the case). If you have, that would be one of the docs tendered to SG ICA.

Reasons :

The purpose is to obtain relief from MY IMI by the setting aside the RAI Blacklisting imposed in 2011 with proper appeal.

Valid Reasons :
1. There is no intention breaking IMI laws

2. Have relatives in JB (produce evidence)

3. If possible, produce evidence of joy rides

4. Submit current financial records of gainful employment with CPF records
(In the past, there are weekly trips made by S'poreans to collect "investment income", without paying taxes). This poses a problem with /to other innocent weekly tourists.
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answered on Nov 27, 2022 at 22:52
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edited Nov 27, 2022 at 22:58
by   jeff005
Actually for those who were blacklisted and after serving the blacklisted period, they can come back provided they have "valid reasons".

I have highlighted several general grounds in this thread https://www.lawyerment.com/answers/questions/13354/immigration-malaysia-ntl-bli-rai-stamps-meanings?g=last#a54678
(As well as in this thread).

Just read carefully every lines, all the hints are already inside.

Just match it with your circumstances and situation of getting the blacklist.

Note : Coming back for "supper" or joyride is the worst excuse. Maybe relative's wedding (with proof of marriage) could suffice.
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answered on Nov 28, 2022 at 22:46
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edited Nov 28, 2022 at 22:58
by   jeff005
kiki_suji

Update as at this morning..

1:32 PM (9 hours ago)

[img=20x20]https://mail.google.com/mail/u/0/images/cleardot.gif[/img]
[img=20x20]https://mail.google.com/mail/u/0/images/cleardot.gif[/img]
to me
[img=20x20]https://mail.google.com/mail/u/0/images/cleardot.gif[/img]

Hi Jeff,

I have forwarded you an email from ICA. Could you help write an appeal letter to the Malaysian Immigration about my case? 

Greatly appreciate it.

----------------------------------------------
My reply :

Hi 

Give me a few days to dratt out the letter.

Normally i do charge RM300 for writing appeal letters to immigration.
I shall waive it this time (your case) because I am not sure what were you really been charged for in immigration court since you do not have the old docs anymore. And the RM8,000 was the max penalty. There is no "charge sheet" and "evidence sheet" from the court. There could have additional charges by MY IMI. Since you have admitted to "Guilty as charged" in court nothing much more can be said..

The letter from ICA could help to prove that there is no intention to break MY immigration laws. With proper exit from Spore as you do not have the old passport anymore. I would structure the letter to plead (as in court pleadings) for leniency and for re-entry for specific purpose.

I would not warranty the chances of any success, but if you do not appeal, the RAI BAN remains forever. This is the idiocy of the whole case.

Note : 2 letters 1 application
1. To The Malaysian Embassy
2. The DGI of MY IMI in Putrajaya
3. Application for SEV (Single Entry visa) from the Malaysian Embassy.

Rdgs
Jeff Lee
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