KUALA LUMPUR (March 9): Amnesty International Malaysia and Asylum Access Malaysia were today granted leave by the High Court here to have merits in their judicial review to challenge the Immigration Department's move to deport 114 Myanmar nationals.

As a result, Justice Datuk Seri Mariana Yahya also granted a stay against the Immigration Department director-general and the Home Minister from deporting them until the disposal of the merits of the judicial review.

This was confirmed by the two non-governmental organisations' (NGOs) counsel led by Datuk Dr Gurdial Singh Nijar.

Gurdial told theedgemarkets.com that Justice Mariana rejected submission by Attorney General's Chambers (AG Chambers) senior federal counsels S Narkunavathy and Ahmad Hanir Hambali that the two NGOs lacked locus standi (legal standing) to file the suit.

"The court held that NGOs played an important role in today's society to vindicate for the rights of the vulnerable. The High Court acknowledged that we live today in a much more liberal society where concepts of accountability and transparency are part and parcel of our lives," said Gurdial.

He added the judge also rejected the AG Chambers' contention that the Immigration Department was immune to judicial review (except on procedural non-compliance) because of the ouster clause in Section 59A of the Immigration Act.

"The court ruled that pursuant to the decision in Maria Chin's Federal Court case, procedural impropriety must not be read in a literal and grammar meaning. It includes the established administrative law errors like unreasonableness, irrationality, and other factors. Thus, it cannot be said that the application is frivolous and vexatious," Gurdial said.

Gurdial appeared with Datuk Ambiga Sreenevasan, New Sin Yew, Gokul Radhakrishnan and Lim Wei Jiet.

Following today's decision in granting leave, the court fixed March 23 for case management.

The decision today comes on the back of the Immigration Department's move on Feb 24 to deport 1,086 undocumented Myanmar nationals despite Justice Mariana granting a stay over the deportation.