Nigerian man, Simon Adavize Momoh will know on June 2 if he can continue to stay in Malaysia with his Malaysian wife and two children or leave the country that has been his home for the past nine years.Judicial commissioner Shahnaz Sulaiman set the date after hearing arguments from the lawyers for both Simon and the Malaysian government on Monday.But the Immigration Department decided on April 9, 2021, to cancel his spousal social visit pass.
Simon was first arrested on March 15, 2021, on a drink-driving offence. For this, he paid RM12,000 fine and served a symbolic one-day jail sentence. But instead of being released, he continued to be held for over a month.Simon was successful in challenging this, with the High Court ruling on April 23 last year that his detention was unlawful and unconstitutional, enabling him to reunite with his wife and children after 40 days apart.
Simon’s lawyer Datuk Gurdial Singh Nijar argued that the Immigration Department’s decision to cancel his client’s spouse visa was illegal.Among other things, Gurdial urged the High Court to consider the need to preserve the family unit of Simon, his Malaysian wife and their two young children, as the deportation order by the immigration authorities would result in the family being torn apart.“We must take into account the family circumstances.
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