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Under the Immigration Act 1959/1963, a person is deemed to have entered Malaysia

  • in case a person arriving by sea, disembarking in Malaysia from the vessel, ship or boat in which he or she arrives.
  • in case a person arriving by air at an authorized airport, leaving the precincts of the airport.
  • in case a person entering by land and proceeding to an immigration control post and produces particulars in such form as may be required and leaving the precincts of the post for any purpose other than of departing from Malaysia by an approved route and
  • in any other case, any entry into Malaysia by land, sea or air.

A Malaysia citizen has the right to enter Malaysia without having to obtain Permit or Pass.

However, there is a restriction on citizen's right of entry into an East Malaysian State.

West Malaysian citizen shall not be entitled to enter an East Malaysian State without having obtained a Permit or Pass unless

  • he is a member of Federal Government or of Executive Council or Legislative Assembly of the East Malaysian State
  • he is a judge of the Federal Court or of the High Court in Sabah and Sarawak, or is a person designated or nominated to act as such, or he is a member of any Commission or Council established by the Federal Constitution or by the Constitution of the East Malaysian State
  • he is a member of any public service of the Federation or of the public service of the East Malaysian State or a joint public service serving the East Malaysian state or is seconded to any such service
  • he is entering East Malaysian State for sole purpose of engaging in legitimate political activity or
  • he is entering East Malaysian State as temporarily required by the Federal Government in order to enable that Government to carry out its constitutional and administrative responsibilities.

Nevertheless, the burden of proof that a person is a citizen shall lie upon that person such as Identity Card and Passport.

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