Banned from Malaysia after overstaying?

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asked on May 10, 2011 at 04:51
by   Mr JJ
edited on Mar 28, 2016 at 22:00
If my Philippina girlfriend has lost her passport and overstayed in Malaysia then spent time in jail here and was deported, can she return with new passport? or would she be banned from entering?

Immigration officers used to say must stay away 3 months but I am wondering now they are fingerprinting all visitors etc.

Should she return with new passport? Is there likely to be a problem? Should she apply visa first in Manila with me as sponsor?
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answered on Mar 18, 2017 at 12:29
by   Darren
edited Mar 20, 2017 at 08:14
My friend is a girl, she is blacklisted in Malaysia 2-3 years ago and being deported back to her country at that time. This time again she's being caught again here, may I know what will happen to her?? 
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answered on Apr 3, 2017 at 08:41
by   Shin
edited Apr 16, 2017 at 07:34
@ jeff005

I worked in Malaysia year 2012 as an Account Executive in an Enterprise supplying manpowers like welder, fitters etc. Basically I worked in an office preparing monthly reports and payrolls for our workers. My boss who is born in the Philippines but got Malaysian IC got me a work permit and it was attached to my passport. Including the receipt. I even used that passport in entering Singapore, even Thailand and going back to Malaysia without any problem at all.

And then one time, I went to Singapore to visit a friend. I exited Malaysia and when I came back, the Immigration officer told me that my working permit is fake. To think I am using it for almost a year already. So they invited me in their office, asked me some questions and detained me there for few days. I was really confused.

And then after a few days they sent me to prison and detained for almost a month. Luckily my boss who is been a family to me helped me get through all of it. He even reported the Immigration officers and his friends who processed my fake work permit. After less than a month of staying in a detention center, they sent me to KL and to MAHKAMAH. I pleaded guilty and paid the penalty fee.

My question is, I have a stamp in my old passport that says RAI/WM/BSI36005. I do not know what does it mean. I wanted to visit my boss and his family in Malaysia this year but since I got traumatized on what happened to me, and I do not know what does that chop means in my passport. I am afraid and hesitant to enter Malaysia again even though this country has been a second home to me. I also got a new passport but I had biometrics in KL before I go back to my country. Hope someone can help me with regards to the stamp. Thank you in advance! 
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answered on Apr 3, 2017 at 13:10
by   jeff005
edited Apr 16, 2017 at 07:40

What was the date you were charged in MAHKAMAH? How much fines you paid? Did your boss find you a lawyer and you were represented by a lawyer in court?
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answered on Apr 3, 2017 at 19:52
by   KNOWS
edited Apr 16, 2017 at 07:42

I believed that you have been charged in Court (MAHKAMAH) for having in possession a forged Visit Pass (Temporary Employment) sticker. You're lucky not been charged for overstayed in Malaysia too. In which minimum fined are RM10,000.00

RAI/WMI/BSI36005 - Refused All Immigration facilities. Which means that you are forever been blacklisted and registered as prohibited immigrant in Malaysia.  No time limit for this.

Immigration will refuse your entry to Malaysia at the entry point.
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answered on Apr 4, 2017 at 05:27
by   Shin
edited Apr 16, 2017 at 09:08

Thank you for your response. It happened in March 2013. From what I experienced, after the detention they took me to MAHKAMAH there I met/saw again the Immigration Officer who told me that the work permit issued to me is fake and detained me in Johor. When he saw me in the court, he approached me and instructed me that what I only need to say is that I am willing to pay for the fine and I want to go back to my country. He gave me that instructions and by the way, the one who gave me/ issue the fake permit is the cousin of my boss who is an Immigration Officer in JB.

In MAHKAMAH, my boss wife is there to support me, and a friend also who I think is the one who helped me to settle things in court. I do not have a lawyer. When I pleaded guilty, the judge told me to settle the fine I think they only paid less than RM500. After that, we returned to the detention area, stayed there for a few days and they sent me back to my country.

It saddened me that the meaning of that chop is that I cannot enter Malaysia ever again. I wanted to see my boss, his wife and children because they were like a family to me. But I do not want to disobey the rules of Malaysia.

Anyway, there is an Immigration Officer who escorted me in KL Airport and she told me to change my passport then I can go back to Malaysia again without any problem. I will be going to Singapore next month, and I am planning to enter in Malaysia again.

What will happen to me if I try to enter in Malaysia again? Will the immigration officers in JB arrest me again or they will just tell me that I cannot enter Malaysia and can just go back to Singapore. Please let me know. I do not want to have the same problem again. 
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answered on Apr 4, 2017 at 05:40
by   Shin
edited Apr 16, 2017 at 09:12
Also I asked my boss if I can visit them in Malaysia. He asked for my new passport details and he told me that he will have it checked by a friend and after a few days I received his reply. He told me that I am no longer blacklisted in Malaysia but he doesn't show any proof at all. As a law abiding citizen, I do not want to disobey Malaysian rule again. Is there any way that I can check if I am still blacklisted in Malaysia? Thanks again and sorry if I have too many questions..
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answered on Apr 4, 2017 at 08:41
by   jeff005
edited Apr 16, 2017 at 09:13
Just think about it. Fined just RM500 and you are banned for an indefinite periodic of time from entering Malaysia?

Just try to enter thru the Johor Baru Checkpoint. You have not committed a crime. The most is that you will be turned back.

If still in doubt, email me.
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answered on Apr 4, 2017 at 09:40
by   jeff005
edited Apr 16, 2017 at 09:14
@ shin

Just personal opinions:
1. There are elements of wrongful detention.
2. There is a possibility that the immigration officer has erred.
3. The charge sheet at the Magistrate Courts is improper. That is why that officer has to attend court too and bluff you to plead guilty. Had a lawyer represented you and you plead not guilty, wow.. that guy is in hot lava.

Some opinions cannot be posted on public media. My email is at my profile. Just click on it.
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answered on Apr 4, 2017 at 19:16
by   KNOWS
edited Apr 16, 2017 at 09:26

Wish you could answer these questions.  Related back to March 2013 ( day of arrest )
1. Are you been told why they arrested you and laws related to your offence?
2. Did they tell you that they will put you in lock-up for maximum 14 days for investigation?
3. Did they tell you the outcome of the investigation and your plea?
4. During investigation, did you tell the officer that you wish to pay a fine in court or ask for a lawyer?
5. During hearing in court, in what language court read the charge? 
6. How they process you before deportation, did they record your 10 fingers?  

Note - Immigration offence is a strict liability offence. Prosecutor only need to prove that you had in possession a forged work permit sticker in your passport.       
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answered on Apr 4, 2017 at 19:54
by   jeff005
edited Apr 16, 2017 at 09:36
In the first instance, you are a visitor coming into Malaysia thru the Woodlands Immigration. If your docs are not in order, accordingly to International Travel Laws, you should be turned back to Singapore, not detained you. Pull you into Malaysian soil and then haul into a court of law. The first action is flawed already.

You should have been denied entry, your passport stamped NTL. Go back to point of   EMBARKation, that is Singapore.

Since you have plead guilty as advised, case closed. Me no further comments.

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