Affidavit Of Not Having Passport Template for Malaysia
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What is a Affidavit Of Not Having Passport?
An Affidavit of Not Having Passport is a crucial legal document utilized in various situations within the Malaysian legal framework. This document becomes necessary when individuals need to formally declare their status of not possessing a passport, whether for immigration proceedings, employment verification, or other administrative purposes. The affidavit must be executed before a Commissioner for Oaths and typically includes the declarant's personal details, a clear statement about not having a passport, the reasons for non-possession if applicable, and any relevant supporting documentation. It is governed by Malaysian statutory requirements, particularly the Statutory Declarations Act 1960 and the Commissioners for Oaths Rules 2018, ensuring its validity for official purposes.
About the Affidavit Of Not Having Passport
An Affidavit of Not Having Passport is a sworn statement that you make before a Commissioner for Oaths to formally declare that you do not possess any valid passport. This legal document serves as official proof of your passport status and is recognized by Malaysian authorities for various administrative and legal purposes.
When do you need this document?
You may need this affidavit in several situations. Employment applications often require proof of passport status, particularly for positions involving travel or security clearances. Immigration proceedings may necessitate this document to establish your travel document status. Government applications for certain permits, licenses, or benefits might require confirmation that you don't hold a passport. Educational institutions sometimes request this declaration for scholarship applications or international program eligibility. Additionally, legal proceedings may require sworn testimony about your passport status as part of broader documentation requirements.
Key legal considerations
The affidavit must contain specific elements to be legally valid. Your personal details including full name, IC number, occupation, and current address must be accurately stated. The declaration section should clearly state that you do not possess any valid passport and may include reasons for non-possession. Any previous passport details, if applicable, should be disclosed including expiry dates or circumstances of loss. The document must be truthful and complete, as making false declarations can result in serious legal consequences including perjury charges. Supporting documentation such as police reports for lost passports may be required depending on your specific circumstances.
Legal requirements in Malaysia
Under Malaysian law, this affidavit must comply with the Statutory Declarations Act 1960, which governs the creation and validity of sworn statements. The document must be executed before a Commissioner for Oaths as specified in the Commissioners for Oaths Rules 2018. The Malaysian Passports Act 1966 provides the legal framework for passport-related matters, making this affidavit relevant for establishing your status under this legislation. The Immigration Act 1959/63 may also apply if the affidavit is required for immigration purposes. The Evidence Act 1950 governs the admissibility of this document in legal proceedings. You must sign the affidavit in the presence of the Commissioner for Oaths, who will then administer the oath and affix their official seal. The completed document becomes a legally binding sworn statement that can be used for official purposes throughout Malaysia.
GOVERNING LAW
Applicable law
This Affidavit Of Not Having Passport is drafted to comply with Malaysia law. Key legislation includes:
Statutory Declarations Act 1960: Defines the legal requirements and procedures for making statutory declarations in Malaysia, which is relevant as an affidavit is a sworn statement.
Commissioners for Oaths Rules 2018: Rules governing the appointment and powers of Commissioners for Oaths who are authorized to administer oaths and take affidavits in Malaysia.
Evidence Act 1950: Provides the legal framework for admissibility of evidence, including sworn statements and affidavits in legal proceedings.
Immigration Act 1959/63: Relevant for understanding the legal implications of travel documentation and identification requirements in Malaysia.
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