Why Having His Passport Revoked Could Actually Be Good News For Alvin Tan
You'd think having your passport cancelled by the Government will make anyone freak out already, but not Alvin Tan.
By Samantha Khor — 08 Dec 2014, 02:56 PM — Updated about 10 years ago
BN Youth Urges Government To Withdraw Citizenship Status From Alvin Tan And Ali Abdul Jalil
"Barisan Nasional Youth agrees with the actions of the Home Ministry and the Immigration Department to withdraw their passports. In fact, we insist on the presumption that if they do not want to come back to face the law, more drastic action should be taken by the Attorney-General to bring forth a court action to deprive them of their citizenship," BN Youth deputy chief said.
"This is because they no longer respect the principles of Rukun Negara, so Malaysia does not need to have citizens like them anymore."
therakyatpost.com
Does Malaysia's Laws Allow The Government To Carry Out Such A Drastic Action? According To Lawyers, It Is Within The Government's Rights To Do So Based On Article 25 Of The Federal Constitution
Article 25 (1) (a) of Federal Constitution states that the Federal Government may by order deprive of his citizenship of any person who is a citizen by registration under Article 16A or 17 or a citizen by naturalisation if satisfied that he has shown himself by act or speech to be disloyal or disaffected towards the Federation.
Lawyer Mohd Yusmadi Yusoff said Article 25 may allow revocation of citizenship as principally citizenship rights are a privilege.
“For example, Alvin’s act of leaving the country and saying things like he has no confidence in the legal system may warrant the use of Article 25, following his passport revocation," he told Astro AWANI when contacted.
Lawyer Datuk Mohd Hafarizam Harun added, "Personally, I think people like Alvin should be deprived of his citizenship as you are no longer loyal to the country due to tarnishing the country’s good name, spreading lies and causing racial discomfort. His actions forms a basis for a possible citizenship revocation."
However, Home Minister Dr. Ahmad Zahid Revealed That The Government Will Not Revoke Both Men's Citizenships, Citing That The Malaysian Government Is "Not That Ruthless"
Zahid said, "It (revoking of citizenship) can’t be done, he (Tan) was born here. That comes under a different act."
"What’s more, the Malaysian government is not that ruthless…he is a Malaysian born," he added"
The Minister Also Said That The Government Has No Plans To Extradite Both Men To Face Legal Action Back Home, As He Believes That Tan And Ali Would Eventually Return To Malaysia Of Their Own Accord
"So far, we have no plans to extradite them although we have an extradition agreement with the countries concerned," he told reporters after meeting United States (US) Assistant Secretary for International Affairs, Department of Homeland Security, Alan Bersin at his office.
He was however, confident that Tan and Ali, currently abroad seeking political asylum would eventually return to Malaysia.
Zahid explained, “If (Tan) is brave, he will return. This means he’s a coward. That is why he does not even have a degree to his name. He even failed his examinations,” Zahid said using a cynical tone.
9 December: Civil Lawyers Are Saying That The Immigration Department Has No Right To Revoke Alvin Tan And Ali Abd Jalil Passports, Stating That The Department Had Exceeded Its Authority In Doing So
At best, the lawyers pointed out that law enforcement agencies could stop a citizen, including those facing criminal charges, from going abroad.
Lawyer S. N. Nair said there was no provision in the Passports Act which empowered Mustafa to cancel a Malaysian passport lawfully issued to a citizen. "Leaving aside the court pronouncement, it looks like the director-general has exceeded his authority," he said.
themalaysianinsider.com
Lawyer Datuk Ambiga Sreenevasan says the Immigration Department seems to have breached Article 9 of the Federal Constitution.
Image via themalaymailonline.comLawyer and human rights advocate Datuk Ambiga Sreenevasan questioned which federal law the Immigration Department had relied on when it withdrew the passports of the two men.
She pointed out that the department appeared to have breached Article 9 of the constitution for banishing citizens following the revocation of the travel document while they were abroad.
The civil lawyer said it was wrong and a gross abuse of power on the two men who were not the given the right to be heard.
"No responsible government behaves in the appalling manner against its own citizens," she said.
themalaysianinsider.com
Meanwhile, Alvin Tan He Has Revealed That He Felt "Nothing" Upon Learning That His Passport Has Been Revoked, Saying That "Losing A Mere Travel Document Is Not Going To Change Anything"
In an interview with Channel NewsAsia, Malaysian 'sex blogger' Alvin Tan revealed that he felt "nothing" when it was announced that his passport was revoked, saying, "“I have a pretty decent life now in America which I have of course built with my own blood and sweat, and so losing a mere travel document is not going to change anything. In any case, US Immigration has possession of my passport since May this year, so it makes no practical difference to my life right now."
“America has all that I need. I mean, it is the political, economic and cultural headquarters of the world right now and it is literally the size of a whole continent. So I think I have plenty to explore before I get replacement documents - most likely a refugee travel document issued by US Immigration.”
Tan Also Laughed Off Concerns That He Would Be "Miraculously Deported Back" To Malaysia Due To The Lack Of Valid Documents, Suggesting That People Who Think So "Have No Idea What They Are Talking About"
“To those who think that I will be miraculously deported back just because I lack valid travel documents, I suggest that these under-educated people pick up a book on international law, immigration law, or even asylum law, because they have no idea what they are talking about. They are almost as stupid as the politicians who constantly hoodwink them with the unrealistic threats of bringing me back to face justice. They are almost as stupid as their own politicians.”
Instead, Tan Thinks That Having His Passport Revoked By The Government May Have Served To Further His Bid For Political Asylum In The US, Saying That It Demonstrates The Persecution He Claims To Face In Malaysia
Tan asserted that the “theatrics” by the home minister and Inspector-General of Police only increases the chances of him being granted refuge in the US, which he said would be an indictment of the superpower’s views of Umno’s “tyranny” here.
Despite no longer being able to travel internationally and facing an asylum application that could drag on for years, Tan said he was prepared to wait out the process that he claimed was now easier thanks to the latest development.
“Accepted means the US government agrees that Umno is tyrannical. That’s a pretty big statement,” he told Malay Mail Online. “Rejected means I'll be deported back... that's when the show really begins!”
themalaymailonline.com
As For Ali Abd Jalil, Whose Passport Has Also Been Voided By Putrajaya Alongside Tan's, Claims To Have Received An Asylum ID Card As Part Of His Application Process To Obtain Political Asylum In Sweden
In his latest Facebook update, Ali said that with the card, he is now protected under the United Nations' law and Dublin Regulation on asylum seekers.
"I now hold an asylum card, under the UN law and Dublin Regulation... I am no more bound to Umno's and the sultan's laws... This is not Malaysia," he wrote on his Facebook wall today.
themalaysianinsider.com
8 December: True To Dr. Ahmad Zahid's Word, The Immigration Department Has Revoked The Passports Of Blogger Alvin Tan As Well As That Of Activist Ali Abd Jalil
Facing criminal charges under the Sedition Act, both Tan and Ali have sought political refuge abroad in the US and Sweden respectively.
Without quoting a specific clause, Immigration Department director-general Datuk Mustafa Ibrahim referred the decision to a notice on the back of Malaysian passports which state that the passport is Government property and that the Government reserves the right to revoke it at anytime.
“We are also supporting the Home Minister Datuk Seri Zahid Hamidi’s call and this decision is in line with what the public has demanded,” he said.
According To Datuk Mustafa, The Drastic Move Was Deemed Necessary So As To Serve As A Warning To Those Who Insult The Courts, The Rulers And Islam
Director-general of the Immigration Department Datuk Mustafa Ibrahim.
Image via Afif Abd Halim / The Malaysian Insider"We will not tolerate any individual who insults the judiciary and Malay rulers," Mustafa told a press conference in Putrajaya today.
He said both Putrajaya and Home Minister Datuk Seri Dr Ahmad Zahid Hamidi had been very patient and tolerant of Tan's antics.
"We could have taken action against Tan much earlier but we did not," Mustafa said when asked why the department was only acting now. "We have been acting in a very dignified and tolerant manner but both Tan and Ali have been continually issuing comments which cause discomfort.
themalaysianinsider.com
Despite Having Their Passports Cancelled, Tan And Ali's Citizenships Still Hold. However, They Can Only Return To The Country If They Apply For An Emergency Certificate From The Countries They Sought Refuge In.
"Both individuals have also been blacklisted in our database, hence they will need special dispensation in order to return to Malaysia," Datuk Mustafa Ibrahim said.
Mustafa explained that Tan and Ali would need to apply for an emergency certificate from Malaysian missions abroad if they wanted to return home. However, he said the emergency certificate could only be used once and not multiple times like an international passport.
themalaysianinsider.com
The Passport Issue Stemmed From Tan's Facebook Posts Last Week, Condemning The Sultan Selangor For Stripping Opposition Leader Anwar Ibrahim's "Datuk Seri" Title In Addition To A Series Of Provocative Remarks
Adding That Tan Had Also Touched On Several Sensitive Issues In The Country, Home Minister Dr. Ahmad Zahid Remarked That The Government Is Mulling Over The Idea Of Revoking Tan's Passport
"Under our immigration laws, a passport can be revoked at anytime as it does not belong to the individual but the country. We will revoke his passport soon ... maybe Monday or Tuesday," Ahmad Zahid said after launching the federal CID's new elite operations team, dubbed the Special Task Force for Anti-vice, Gaming and Gangsterism (STAGG) on Sunday, 7 December.
Mere Hours Later, In His Usual Bravado-Laden Fashion, Tan Dared The Minister To Make Good On His Words, Telling Him To "Just Do It"... Which Brings Us To Where We Are Now
Any Normal Person Would Be Freaking Out By Now, But Not Alvin Tan. Judging From His Sarcastic Facebook Posts, Tan Is Not At All Fazed By Having His Passport Voided, And For Good Reason
While The Government May Be Hoping That This Move Will Force Him To Return To Malaysia To Face The Court Charges Waiting For Him At Home, This May Also Hasten His Application For Political Asylum In The US
If Tan’s passport is revoked, Washington is duty-bound to return it. However, it will also trigger and expedite his application for political asylum in the US.
Loss of passport would not mean loss of citizenship. Tan would be eligible for a UN Travel document issued by US Immigration.
The Hindraf Leader Case Mentioned By Tan Refers To That Of Lawyer P. Waythamoorthy, Who Managed To Obtain Asylum From The UK After Having His Passport Revoked In 2007
Hindraf Makkal Chief P. Waythamoorthy had his passport revoked after a 25 Nov, 2007 uprising in the streets masterminded by the human rights movement. He was then flying into Britain after a visit to Europe. His passport was seized by British Immigration at Gatwick Airport but also triggered his application for political asylum, upon the advice of officials at Immigration Headquarters.
Waytha returned on a UN Travel Document, issued by British Immigration, just before the imminent General Elections last year via Singapore and Johore. He was then prepared to enter Malaysia at the Johore checkpoint, without a passport, since the UN document excludes travel to Malaysia.
His passport was returned to him at the Malaysian High Commission in Singapore but it’s not known whether he received the apology that he sought.
Some Also Seem To Think That Tan And Ali's Chances Of Obtaining Political Asylum In The Respective Countries Just "Got A Whole Lot Stronger", Stating That The Government "Played The Cards In Alvin's Favour"
