AISHA SAJID v Pendakwa Raya
Catchwords
Practice Areas
Counsel (3)
Parties (2)
Case Significance
AISHA SAJID v Pendakwa Raya is a High Court (Mahkamah Tinggi) decision dated January 27, 2026 (citation: wa-44-186-11-2025). <p>A Pakistani national who entered Malaysia lawfully with a valid visa and passport in December 2022 and subsequently applied for asylum with UNHCR was charged under section 6(1)(c) of the Immigration Act 1959 for not possessing a valid pass after her visa expired and she acquired a new passport. The court declared that as a recognised UNHCR asylum-seeker, she was a 'person of concern' entitled to temporary protection and immunity from prosecution or detention pending a final decision on her re The case was decided by Nurulhuda Nur'aini binti Mohamad Nor. Counsel appearing: Anis Wahidah binti Mohamad (counsel for respondent), Donald Selvam (counsel for applicant).
Key issues: immigration procedure-pass validly issued in old passport-new passport acquired-application for asylum to UNHCR-whether persons of concern and effect of recognition by UNHCR.
Summary
A Pakistani national who entered Malaysia lawfully with a valid visa and passport in December 2022 and subsequently applied for asylum with UNHCR was charged under section 6(1)(c) of the Immigration Act 1959 for not possessing a valid pass after her visa expired and she acquired a new passport. The court declared that as a recognised UNHCR asylum-seeker, she was a 'person of concern' entitled to temporary protection and immunity from prosecution or detention pending a final decision on her refugee status. The court granted a declaration of protected person status and a stay of the criminal proceedings at the Magistrate's Court.
What was the outcome of AISHA SAJID v Pendakwa Raya?
<p>A Pakistani national who entered Malaysia lawfully with a valid visa and passport in December 2022 and subsequently applied for asylum with UNHCR w...