Akta Imigresen 1959/63
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- Defines key terms such as 'entry', 'prohibited immigrant', and 'immigration officer' (s 2).
- Restricts entry and departure to authorized points of entry (s 5).
- Grants citizens the right to enter without a permit, while others must apply for an Entry Permit (ss 7, 10).
- Lists categories of people who are prohibited from entering or remaining in Malaysia (s 8).
- Prohibits remaining in Malaysia after a Pass expires or is cancelled (s 15).
- Allows the detention and removal of prohibited immigrants or those ordered to be removed (ss 31, 34).
- Criminalizes employing persons without valid passes and harboring those who contravene the Act (ss 55B, 56).
- Excludes judicial review of most decisions made by the Minister or Director General (s 59A).
What this law is
The Immigration Act 1959/63 (Akta Imigresen 1959/63) is numbered Act 155 in the Laws of Malaysia. Where it applies is set out in section 1 (Short title and application).
Its long title, as printed in the official text: An Act relating to immigration.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–4)
- Part II — Admission into and departure from malaysia (ss 5–9)
- Part III — Entry permits (ss 10–15)
- Part IV — Procedure on arrival in malaysia (ss 16–30)
- Part V — Removal from malaysia (ss 31–37)
- Part VI — Miscellaneous (ss 38–61)
- Part VII — Special provisions for east malaysia (ss 62–74)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Time limit to appeal the refusal of an Entry Permit | within thirty days of the notification of the refusal | s 10(3) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Employing a person not in possession of a valid Pass | fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each such employee | s 55B(1) |
| Employing more than five persons not in possession of a valid Pass | imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes | s 55B(3) |
| Harbouring a person who contravenes the Act | fine of not less than ten thousand ringgit and not more than fifty thousand ringgit for each person harboured | s 56(1)(bb) |
| Harbouring more than five persons who contravene the Act | imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes | s 56(1)(bb) |
| General offence against the Act (no special penalty provided) | fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both | s 57 |
Laws cited on this page
| Act 155 | Immigration Act 1959/63 Akta Imigresen 1959/63 | PDF · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1 | The Act applies throughout Malaysia, subject to specific provisions in Part VII. |
| s 2 | Defines terms like 'entry', 'prohibited immigrant', and 'immigration officer' used throughout the Act. |
| s 5 | No person may enter or leave Malaysia except at authorized points of entry, unless compelled by accident or reasonable cause. |
| s 7 | Citizens are entitled to enter Malaysia without a Permit or Pass, but they bear the burden of proving their citizenship. |
| s 8 | Defines 'prohibited immigrants' as those falling into specific classes, such as having criminal records, lacking means of support, or being deemed undesirable, and bars their entry or stay. |
| s 10 | Allows non-citizens to apply for an Entry Permit, which the Director General may issue on payment of fees and subject to conditions. |
| s 15 | Prohibits a person from remaining in Malaysia after their Pass expires, is cancelled, or after a declaration is made, unless otherwise authorized. |
| s 31 | If a person is found to be a prohibited immigrant, the Director General may prohibit them from disembarking or detain them until they can be returned. |
| s 34 | Persons ordered to be removed may be detained in custody or on board a vessel/aircraft within Malaysia's limits to facilitate their removal. |
| s 55B | It is an offence to employ a person who is not a citizen or holder of a valid Entry Permit and does not possess a valid Pass. |
| s 56 | Lists various offences, including harboring persons who contravene the Act, making false statements, or using forged documents, and sets out the penalties. |
| s 59A | Prevents judicial review of acts or decisions by the Minister or Director General, except for questions regarding compliance with procedural requirements. |
Worked examples
Facts. Ahmad, a foreign worker, stays in Malaysia for two weeks after his Pass expires while waiting for a new job offer.
The law. A person shall not remain in Malaysia after the expiration of the period of any Pass issued to him, unless otherwise authorised to remain under the Act (s 15(1)(c)); contravening s 15 is an offence (s 15(4)).
Outcome. Ahmad commits an offence by overstaying. Anyone who knowingly harbours him also commits an offence (s 56(1)(d)), and an employer who employs him without a valid Pass commits an offence for each such employee (s 55B(1)).
Facts. Siti tried to cross the border at an unmarked jungle track to avoid the immigration post, claiming she was lost.
The law. No person shall enter or leave Malaysia except at an authorized point of entry, unless compelled by accident or other reasonable cause (s 5(1)). Contravening this is an offence (s 5(2)).
Outcome. Siti is guilty of an offence against the Act (s 5(2)).
Facts. Tan, a shop owner, hired three foreign workers who did not have valid Passes, believing they were in the process of getting them.
The law. Any person who employs one or more persons, other than a citizen or a holder of an Entry Permit who is not in possession of a valid Pass, is guilty of an offence (s 55B(1)).
Outcome. Tan is liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or imprisonment for a term not exceeding twelve months or both for each employee (s 55B(1)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Do I need a permit to enter Malaysia if I am a citizen?
No, a citizen is entitled to enter Malaysia without having obtained a Permit or Pass (s 7(1)(a)). However, the burden of proof that you are a citizen lies upon you (s 7(3)).
Where can I enter Malaysia?
You must enter or leave Malaysia only at an authorized landing place, airport, or point of entry (s 5(1)). Entering elsewhere is an offence unless you are compelled by accident or other reasonable cause (s 5(1)).
What happens if my Pass expires?
You must not remain in Malaysia after the expiration of the period of your Pass (s 15(1)(c)). If you do, you are guilty of an offence (s 15(4)).
Can I appeal if my Entry Permit is refused?
Yes, you may appeal by petition in writing to the Minister within thirty days of the notification of the refusal (s 10(3)). The Minister's decision on the appeal is final (s 10(3)).
Is it illegal to employ a foreign worker without a valid Pass?
Yes, it is an offence to employ a person who is not a citizen or a holder of an Entry Permit who is not in possession of a valid Pass (s 55B(1)).
Can I go to court to challenge a decision by the Director General?
Generally, no. There shall be no judicial review in any court of any act done or decision made by the Director General under this Act (s 59A(1)). The only exception is for questions relating to compliance with procedural requirements (s 59A(1)).
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Sources
Related
National Registration Act 1959Employment law: your rights at workAnti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007