Court strikes out ex-law professor's bid for judicial review of his revoked PR status

Tey Tsun Hang's move for a judicial review is an abuse of the court process, says High Court Judge Quentin Loh. -- PHOTO: THE NEW PAPER
Tey Tsun Hang's move for a judicial review is an abuse of the court process, says High Court Judge Quentin Loh. -- PHOTO: THE NEW PAPER

SINGAPORE - The High Court struck off former law professor Tey Tsun Hang's bid for a judicial review of the Immigration and Checkpoints Authority's (ICA) decision to revoke his permanent residency status.

Justice Quentin Loh, in explaining why, criticised Tey's move for a judicial review as an abuse of the court process.

Mr Tey, 43, was acquitted on appeal in the High Court in February of corruptly accepting gifts and sex from a student in exchange for better grades.

His lawyer M. Ravi had argued that he should be given the court's go-ahead for a judicial review of the ICA's decision and decision-making process.

The Attorney-General's Chambers, represented by Senior Counsel David Chong, sought to strike out the application.

Mr Tey, a Malaysian, was granted permanent residency status in 1997.

In October last year, he attempted to leave Singapore through Tuas checkpoint and was reminded by ICA officers he was leaving without a re-entry permit and he would lose his PR status if he did.

He acknowledged in writing of the consequence to ICA and it was open to him not to leave, noted the judge.

As a result he lost his PR status.

Justice Loh noted Mr Tey had abused the process in not appealing to the Minister about the PR cancellation as provided for in the law and for the delay beyond the three-month period in applying to the court for the quashing orders.

"In the face of Tey's refusal to appeal to the Minister and his vacillating conduct particularly on 14 October 2013, it is odd that he chose to take this matter directly to the court and to pitch his case this high," said Justice Loh.

"The conduct of Tey's case has been highly unsatisfactory. From the lengthy delay in filing his OS, his skipping the appeal to the Minister, to drastically changing the position at the eleventh hour, Tey's case is not simply weak; it is an abuse of the court process.

"If I am wrong , and this is taken elsewhere, I would have refused leave for the reasons set out above," he added.

A decision on a separate judicial review that Tey has sought of his sacking from the National University of Singapore is still pending.