The recent viral incident involving a Malaysian woman whose passport renewal application was denied by an immigration officer due to her lack of fluency in Bahasa Malaysia has garnered widespread attention[1].
With the increased use of Bahasa Malaysia in the country, particularly in government-related matters, you may be forgiven in thinking that proficiency in Bahasa Malaysia is a pre-requisite to the exercise of your right as a Malaysian citizen to travel overseas. This may not always be the case.
In so far as passports are concerned, it is noteworthy that there is no such thing as a constitutional right to a passport. Instead, the law grants the Government the power to decide whether to issue or not to issue or delay the issue of a passport. For example, the Government can reject a citizen’s passport renewal application, when there is criminal proceeding brought against that citizen.
However, the law does require that the Government always acts fairly and in good faith[2] and any decision that is unreasonable, irrational or in bad faith can be subjected to review by the courts.
In response to the incident, the Immigration Director General, Dato’ Ruslin Jusoh rightly said that immigration officers are not allowed to reject any passport applications solely because an applicant is not proficient in Bahasa Malaysia[3]. Thus, the ability to speak Bahasa Malaysia is not a pre-requisite for one to renew his/her passport. Such a requirement would be patently unreasonable.
However, it might be interesting to note that there are other instances where proficiency in Bahasa Malaysia is indeed a requirement under the law. For example,
- For an individual to obtain Malaysian citizenship by way of naturalization under Article 19 of the Federal Constitution[4].
- For a law graduate to be admitted as a lawyer in Malaysia[5].
- For entry into a local university.
To sum it up, there is no correlation between proficiency in Bahasa Malaysia and the renewal of passports. Any imposition of such a requirement is unreasonable and would not stand the scrutiny of the court.
[1] https://www.nst.com.my/news/nation/2024/04/1042023/immigration-officers-cant-reject-passport-renewals-based-language?_ga=2.195591401.475401047.1714570243-248541674.1707463720
[2] Government of Malaysia & Ors v Loh Wai Kong [1979] 2 MLJ 33, Federal Court
[3] https://twitter.com/imigresenmy/status/1782980302392156615
[4] Article 19(1)(c) of the Federal Constitution
[5] Section 11(2) of the Legal Profession Act 1976
About the Author
Poon Wei Ying is a Senior Associate of XK Law who graduated with First Class Honours from the Cardiff University, United Kingdom. She believes in giving back to the society and that education can change a person’s life.
