Can Malaysian immigration revoke PR without stated grounds?

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Malaysian Immigration Cannot Revoke Permanent Residency Without Stated Grounds

The Malaysian Immigration director-general (DGI) possesses the authority to revoke an individual's permanent residency (PR), but this power is not absolute and necessitates the justification of proper grounds. Crucially, any individual whose PR is revoked must be afforded the right to appeal and challenge the decision. The revocation process must adhere to principles of reasonableness and natural justice, requiring the immigration authorities to clearly state the reasons for the cancellation and provide the affected person with an opportunity to be heard.
Grounds for Prohibited Immigrant Status

Permanent residency can be revoked if an individual is classified as a 'prohibited immigrant'. This classification encompasses a broad range of circumstances, including individuals with mental disorders, those convicted of an offence and sentenced to imprisonment in any country without receiving a free pardon, or persons who express disbelief in or opposition to the established government. These categories define specific conditions under which PR status may be deemed invalid.
General Powers and Public Interest Considerations

Beyond the 'prohibited immigrant' categories, the DGI holds general powers to revoke or cancel PR if satisfied that the individual's presence in or entry into Malaysia would be prejudicial to public order, public security, public health, or morality within the country. This provision allows for the cancellation of PR based on broader concerns affecting the nation's welfare and stability.
Adherence to Reasonableness and Natural Justice

Despite the DGI's discretionary powers, these are explicitly stated as not being "unfettered." Immigration authorities are bound by principles of reasonableness, meaning they cannot act arbitrarily or based on personal whims. The rules of natural justice must be observed, which mandates that the individual facing PR revocation must be formally notified of the specific reasons for this action and be granted a chance to present their case or challenge the allegations.
Legal Officer's Case Highlights Procedural Requirements

In the case of a former government legal officer who had resided in Malaysia for two decades, lawyers emphasized that immigration authorities must articulate the grounds for PR revocation. The individual, having lawfully resided and worked in Malaysia with family ties, possessed a legitimate expectation that her PR would not be revoked without due process. The absence of any charges against her further underscores the requirement for the department to provide a clear explanation and an opportunity to be heard.

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Can Malaysian immigration revoke PR without stated grounds?

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