BACKPACKER VS IMMIGRATION OFFICERS
The male backpacker was from the Philippines and he arrived in Malaysia on 29 August 2017. His entry was in KLIA. After spending seven (7) days in Kuala Lumpur, he moved to Penang Island where he served as help exchange volunteer in a guesthouse for three consecutive weeks. On 28 September 2017, he took a shared van from Georgetown going to Hat Yai in Thailand. At the Malaysian border, he was held by the immigration officers for questioning.
Whether or not the Malaysian Immigration Officers erred in declaring the Backpacker to have overstayed for one day.
Pronouncements by Immigration Officers as regards the validity of a visa, permit to stay, travel documents or any other relevant matters cannot be doubted. They are experts in the implementation of immigration laws, rules and regulations in their respective country. Some duties are intricate and they efficiently discharge those on a regular basis, let alone the trivial task of counting days. Based on the narration, there were four officers, one at the counter and three at the office. Four officers cannot collectively make a mistake. Clear as the Philippine sky on a sunny day, the concerned backpacker overstayed in Malaysia for one gloomy day.
He may be right to invoke the established doctrine in counting periods, that is, “the first day excluded, last day included,” but this is not universal in application. This is only true in some jurisdictions. In most countries, however, the period of stay begins on the date stamped on the passport. If the date of entry is 28 September 2017 for instance, that is the day 1, not day 0. The last day of the 30-day period is 27 October 2017 and the foreigner need to leave on or before the latter date.
You learned your lesson Backpacker!
CAN YOU RENDER A BETTER OPINION?