Case Law

this Court is of the view that the continued detention of the Applicants at the Belantik Immigration Detention Centre is a direct violation of their rights as a child pursuant to the Convention on the Rights of the Child and the Child Act 2001 which guarantees protection and assistance to be given to children in all circumstances without regard to race, colour, gender, language, religion or distinction of any kind; Based on these reasons, and with the powers vested upon the High Court, I accept the alternative prayer of the Applicants that they are allowed to be placed at a shelter which can protect and provide the necessary welfare to them.

September 2018 | Judicial Body: Malaysia: High Court of Malaya | Topic(s): Arbitrary arrest and detention - Children's rights - Habeas corpus | Countries: Malaysia - Myanmar

8 May 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Deportation / Forcible return - Immigration law | Countries: Malaysia - United Kingdom of Great Britain and Northern Ireland

Advance unedited version

3 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of religion - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Denmark - Malaysia

16 January 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Deportation / Forcible return | Countries: Malaysia - United Kingdom of Great Britain and Northern Ireland

30 August 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Age discrimination - Discrimination based on race, nationality, ethnicity | Countries: Australia - Malaysia

29 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Chinese - Credibility assessment - Discrimination based on race, nationality, ethnicity - Persecution based on class/wealth/occupation | Countries: Australia - Malaysia

19 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Police - Social group discrimination - Threats / Intimidation | Countries: Australia - Malaysia

22 June 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Complementary forms of protection - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Transgression of social / cultural norms | Countries: Australia - Malaysia

30 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Corruption - Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Police - Social group discrimination - Social group persecution - Transgression of social / cultural norms | Countries: Australia - Malaysia