AISHA SAJID v Pendakwa Raya
Catchwords
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...
Cases Cited (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-44-186-11-2025)