Immigration Abuses Cases
A foreigner encounter of immigration abuses
Immigration abuses in Malaysia, American Maggie posted on her 3.7-million-followers instagram. We may not be able to read about American Maggie’s story of her Malaysia 5-days-of-living-in-hell immigration abuses. This is according to her Instagram’s post on 3rd July 2019. She had posted the following quote; “I have been advised not to say more at this time, but thank you for your kind words and concern”. This is her encrypted message to say that she was gagged. Out of fear of something worse happening to her, she choose not to tell more. Well the truth that immigration failed to see is that it is impossible to gag the truth.
Some terrible immigration abuses encounter
Here is one real life case which is directly linked to my case. Because it is directly linked, I have first hand knowledge. It is also a strange coincidence that they worked for a security company that supplied security guards to the MNC company that I used to work for.
Arrested together with me are two Nepalese nationals who I believed they holds valid work permits.
The conclusion on why they holds valid work permits is based on the following:
#1 They had told me personally that they had valid work permits which they had paid through agency.
#2 These two Nepalese were not charged in the Immigration court together with us.
#3 They are working as security guards for a large American multi-national company (MNC). I worked for this MNC for many years.
#4 I believed contractor working for this MNC is required to be audited before they are put on the MNC’s approved Vendor List (AVL). Only contractor on this AVL is allowed to be given contracts or projects. To be on the AVL, they must meet stringent legal and professional requirements.
Naturally it would means that all security guards supplied by any contractor must ensure that their employed security guard must be a local or if a foreigner must possess a valid work permit.
#5 They mentioned to me that they each paid RM6,000 each to an employment agency to obtain their work permits. Their documentation is surrendered with their company/immigration department for processing.
#6 They were told that they will be released after my court case on the 26th March 2018 which they had relayed to me before I was brought before the magistrate.
Nasty turn of event
After I was transferred back to Pekan Nanas from Kluang prison, I was surprised that they were still detained inside Pekan Nanas.
#7 They told me that their boss had make some payments through fixer.
#8 They said their boss were then told to make more payment. This is believed to be the RM3,000 “redeem fee”. It is the unwritten market rate that bosses need to pay per worker to redeem one worker out. This practice of RM3,000 per migrant worker inside detention center is told to me by many other detainees. This is every detainees’ only hope of getting out from this hell place, that their boss redeem them. It is also their hope to be still able to work and earn in Malaysia.
#9 Their boss having made earlier payment of unknown sum had now refused to pay additional payment demanded.
They were told by their boss that he had no choice but let the immigration deported them back to Nepal and their outstanding salaries will be paid to them in Nepal.
Their name as listed on the list of arrested persons are:
Ful Bahadur Tamang and Samu Gole
The information on the list of arrested person is stating as not in possession of valid travel document, i.e. passports. This information is significant as to what happened to their passports is the key to what and why they were not charged but were deported.
Is these two Nepalese the only real life case that I encountered inside during my 35 days detention?
Another encounter with immigration abuses
This case involves a group of 11 Bangladeshi migrant workers. They are work permit holders workers who had completed two years contract with their previous contractor-employer.
One of them is Mr M.N.U. (Body No. 2xx) who is the group’s representative as he could conversed in English. Name and body ID is obscure to protect his identity.
They have each paid RM12,000 agency fee to their new employer for a two year contract. They have banded together as a group of workers to work on the construction of Southkey Megamall Development. This is the Phase 1 Project around Feb 2018 . The told them that their work permit will be processed for them accordingly.
The company is a big Sdn Bhd incoporated local contrctor company working on a mega construction project.
They were in shell-shock when they were rounded up by immigration on their construction site. It is most presumably that they were been informed upon by a collaborators-informer. Subsequently they were arrested and remanded at Pekan Nanas Detention Center. They were in fear of losing their RM12,000 agency fee paid as well as deportation and blacklisted from entering Malaysia.
They could not understand what was happening during the two weeks waiting to hear from their company. It was two weeks of life in hell and a possible nightmare for them and their families if deported.
Despair and despondency
We just prayed with them for their situation that they will not be cheated and can only hoped that they will be released to go back to work.
Almost all the detainees their stories about the RM3,000 “redeem fee” per worker. They are waiting for news of their boss redeeming them out from this hellish place.
They could only wait and wait in despair for the hope that their company would redeemed them. Otherwise, they will languished inside as undocumented migrants and wait for repatriation which could takes months.
They were finally released on a Tuesday (day every week to effect release per SOP). This was around the second last week of March.
Their boss had finally decided to make the payment after close to two weeks and redeem them out.
A case of a set-up on a doctor
This is a case of a qualified doctor who was double cross by his Malaysian agent after collecting thousand of RM agency fees from him. Without knowing that the doctor has left the country and re-entered on a social visit visa, the agent snitched to immigration officer that he had over-stayed.
The doctor was raided at his residence and remanded for 30 days before being told that his document is in order. “oh, we are sorry” is all that the Malaysia immigration says to him. “There is no charge and you will be set free”. He remained detained for weeks till he was deported out from Malaysia per their SOP.
Another victim, boy friend of the sister of immigration’s girlfriend
This next victim is the boyfriend of the sister who is the girlfriend of the immigration officer. The officer promised to release him after he had paid the officer a sum of money. The money, thousands of RM was paid by his girlfriend on his behalf. However it is still not enough to satisfy the officer and he refused to pay more. He was not released as promised to him.
In the end he was deported out from Malaysia and a victim of a scam. He was part of the group arrested together with me but was not charged.
Supposed to be released to go back to work after my trial ended, I was surprised to see him in Pekan Nanas when I was transferred back from Kluang jail. You never trust most immigration officer because you do not knows which officer is looking for victim.
He languished in Pekan Nanas for a few more weeks before he was deported out from Malaysia. In one of his chat with me, he cursed this immigration officer with a deadly curse for what he did to him. He is consider a relative upon his marriage to his girlfriend and the upon the marriage of the officer with his girlfriend.
So from the group of us arrested, these predators did managed to scam some victims. All these victims were deported and blacklisted to prevent any witnesses to reveal the truth about immigration abuses.
Blatant immigration abuses
As a matter of fact, there were many who holds valid documentation yet are arrested. In one of my post is the example of the Nigerian PhD student. He holds a valid student pass, yet was detained and subsequently died in custody.
When migrants workers encountered these hellish immigration abuses, their life will be filled with anguish and grief. They are usually the poorest migrants and so are voiceless. Thanks goodness for those NGOs who have stepped in and help in the case involving Filipinos mums and their children.
I had spent my 35 days of detention together with these migrants workers. These postings are to bring more public awareness of these terrible immigration abuses by sharing with the public on these encounters.
Migrants are easily detained for the claimed reason, “remand for investigation”. Just like me, these are told that they will be remanded for 14 days + another 14 days. But in actual fact, these migrants are detained more than the 28 days. I was never brought before a magistrate for the remand order during my 35 days detention.
From all above account, it seems like it is a big industry. It is no wonder that the ex-Home Minister in charge at that time is charged with 47 counts of corruption charges.
More public awareness of Malaysia immigration abuses
The public need to be aware that Malaysia immigration just locked defenseless migrants up for two weeks to months. And then arbitrary decides that they have valid work permits and release them. Possibly in return for something given, immigration decides then to release them.
Not only the public need to be aware, the international community and human rights organization should be concern about all these immigration abuses. Many of these abuses are directed at poor, voiceless and weak people from third world countries.
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