The Malaysian Insight

PUTRAJAYA must promote better understanding, tolerance and mutual respect towards non-citizen spouses who are also a part of Keluarga Malaysia, Family Frontiers said.

Lead coordinator Bina Ramanand said the victory in Simon Momoh’s case, in which the court revoked the Immigration Department’s decision to cancel the Nigerian citizen’s spousal visa and deportation order following a drink-driving offence, is giving renewed hope for other spouses in similar situations.

Family Frontiers was set up by Ramanand and Asha Lim in 2007. It was established to assist women and children in binational families. In the case of arrest or deportation, the group provides referrals to legal services and publicity if the family is willing to publicise their case.

The group is currently helping several foreign spouses who are under immigration detention for varying reasons, some of which are unrelated to immigration law.

“The number of binational families in Malaysia is growing as part of a globalising world, making it necessary for Malaysian law and governance to account for these families, in order to protect and strengthen the family unit, which is the backbone of society,” Ramanand told The Malaysian Insight.

“Spouses are here for the long haul and want to provide for their families and contribute towards the country. There is a vital need to ensure fair treatment and respect for these spouses who are a part of our society and Keluarga Malaysia.”

In Momoh’s case, he was arrested on March 15 for drink-driving. He pleaded guilty and paid a RM12,000 fine.

He was subsequently detained again under section 35 of the Immigration Act 1959 and held at the Semenyih immigration detention centre for 40 days.

Momoh filed his judicial review on April 20 last year to challenge the cancellation of his visa and the deportation order. He had named the Immigration Department director-general and the home minister as the two respondents.

The Shah Alam High Court on June 2 revoked the Immigration Department’s decision to cancel Momoh’s spousal visa and his deportation order.

The court also said that the Immigration Department director-general cannot penalise an individual who has not committed an offence under section 56 of the Immigration Act 1959/63.

Legalistic and lacking compassion

Family Frontiers said there are other cases like Momoh’s with foreign spouses in detention for minor offences or for reasons totally unrelated to immigration law.

The department also does not seem to be selective on who they detain, as there are Caucasian spouses, Vietnamese and Thai wives, as well as Iranian and African husbands, Ramanand said.

“Last year a Vietnamese woman married to a Malaysian was detained on a 14-day remand to verify her documents.

“This was after she was arrested for failing to register with the MySejahtera app before going into a restaurant.

“With modern technology, it shouldn’t take two weeks for the department to verify the validity of one’s visa.

“She was released after 11 days when her husband paid the fine.

“This increasing phenomenon is distressing as it has a negative impact on the family unit,” Ramanand said.

In another instance, Ramanand said a foreign spouse, a Caucasian, had accidentally walked out of a supermarket with a trolley of goods to look for his Malaysian wife – who held the credit card needed to pay for the items – and was detained for shoplifting, even though the wife returned and wanted to pay for the items.

The department’s legalistic approach to the law also leaves little room for compassion, even after fines are paid and even though documents are valid.

“Last year, a Singaporean spouse who visited his wife in confinement and to see his newborn overstayed for five days (and was arrested until he paid the fine).

“This was during the pandemic, when the Immigration Department was working on limited hours (making it difficult to get an extension).

“We also had a case where one of the foreign spouses was unlawfully detained allegedly for not paying a previous fine, he was on a long-haul flight accompanying his Malaysian spouse and three young children.  

“Although he was on a valid pass, he was still detained and only released after he paid the fine. The family then realised that the previous fine had already been paid.

“When it comes to immigration detention of foreign spouses or any individual for that matter, due consideration should be given due to the negative impact on the Malaysian family, especially for minor offences,” Ramanand said.

While there are those who are willing to pay the fines and endure the long wait before they are released from immigration detention, Ramanand said those who couldn’t stand it anymore were deported.

“Those who can afford it will not want to wait in detention centres.

“It’s been reported that conditions at these centres are not acceptable, so they may either take the matter to court if they can sustain it, or be deported.  

“The potential deportation will separate the family and is a forceful and wilful break-up of the familial structure.

“This leaves the family to suffer multiple devastating psychosocial consequences with a detrimental impact on their emotional wellbeing. The legal process has inflicted severe financial hardship on the family,” she added.

Restrictions to work and life

Besides looming immigration detention for arbitrary reasons, Ramanand said foreign spouses still face severe discrimination in terms of the right to work, open bank accounts and purchase affordable homes, even after spending years in Malaysia.

“Despite living here for years, raising children and establishing permanent homes, their immigration status remains uncertain. They are in a situation of dependency, being bound to their Malaysian spouses for their legal status,” Ramanand said.

Discrimination also disproportionately affects women in transnational marriages, whether a foreigner or the Malaysian wife of a foreign husband, she said.

Ramanand said among the top issues foreign spouses faced is the long and arduous process to obtain the spouse visa. There are inconsistent policies that differ in states.

Other top issues include securing permanent residence status, and obtaining citizenship for overseas born children to Malaysian mothers – an issue that is now well-known after Family Frontiers took the matter to court and won, although the Home Ministry is currently appealing. – June 16, 2022.