Illegal to hold people's passport, find solutions asap, experts tell IIUM over #IIUMINTSTUDENTVISA situation

SHAH ALAM – Witholding a person's passport without their consent is illegal according to the law.

Commenting on the current problem faced by foreign students at International Islamic University Malaysia (IIUM), immigration lawyer and activist Sumitha Shaanthinni Kishna states that Section 12 of the Passport Act of 1966 prohibits the possession of another person's passport without that person's consent.

She said rather than keeping students in the dark about the situation - if the university is holding the passport while the student visa is being renewed - the university should explain the situation to them and provide a deadline for resolution.

"It is unacceptable to keep the students in the dark, especially because they require passports and visas in order to continue their studies and maintain their legal status in the nation.

"What happens if a student is detained because they lack the necessary documentation? Will the University accept accountability?" she added.

Sumitha, who is Our Journey Directror, said the university should provide letters to the students so they can present them to any authorities that want documentation.

Due to the pandemic, she said there has been an increase in consulor administration for nationals to obtain renewal or new passports from their respective embassies.

"Even Malaysians had to wait a long time to get their passports renewed," she added.

The university, she said needed to be open about the causes behind the delay.

Yesterday, Sinar Daily reported that over 300 IIUM students faced delays in receiving visas for up to five months and were unable to travel back to their country.

The students had initially started sharing their experiences through Twitter and Facebook using #IIUMINTSTUDENTVISA hashtags which included stories of being threatened and verbally abused by staff.

A former student union from the Middle East who is also facing the problem said the Division only told the students that the Malaysia's Immigration Dpeartment had changeed the rules and regulations and caused the delay.

An IIUM official when contacted today said they will update the press and students wwhen there was a development. "We are still working on it," he said. Another lawyer who requested not to be named said the Malaysian laws clearly states that holding another person's passport was illegal.

The situation, she argued was also in contravention to Article 5 and 9 of the Constitution.

Article 5 outlines Liberty of the person while Article 9 is Prohibition of banishment and freedom of movement. The lawyer said however, this practice - of witholding a foreign person's passport and documents, was "very normalised in Malaysian society and people continue to ignore this". Meanwhile, Petaling Jaya MP Maria Chin Abdullah said no one should own or hold anyone's passport or even identification cards.

She said that IIUM needs to turn over all passports held by the management with immediate effect and cooperate with the students and authorities as soon as possible.