Babylyn had allowed the 39-year-old illegal immigrant to remain at Nik Caffe in Sedco Shophouse, Kota Marudu, on March 4 this year. - File pic
Babylyn had allowed the 39-year-old illegal immigrant to remain at Nik Caffe in Sedco Shophouse, Kota Marudu, on March 4 this year. - File pic

KOTA KINABALU: A cafe owner who hired an undocumented Filipino was fined RM5,000 in default two months' jail by the Sessions Court here.

Babylyn Mohd Salih, 27, who was brought before Judge Azreena Aziz pleaded guilty to a charge under Section 55E(1) of the Immigration Act 1959/63.

The offence is punishable under Section 55E(2) of the same Act which carries a jail term of up to a year, or a fine of between RM5,000 and RM30,000, or both, for each illegal immigrant involved.

Babylyn had allowed the 39-year-old illegal immigrant to remain at Nik Caffe in Sedco Shophouse, Kota Marudu, on March 4 this year.

The facts of the case stated that she was found committing the offence after an Immigration enforcement team who conducted an operation dubbed 'OPS Bersepadu (Selera)' went to her cafe at 11.50am on the same day.

During mitigation, Babylyn who was unrepresented asked for a lenient sentence saying this was her first offence.

She told the court that she had many commitments, and her cafe business was not doing well due to the Covid-19 pandemic. She then requested to pay her fine by way of instalment.

In reply, prosecuting officer Rozilah Kadi from the Immigration Department urged for an adequate sentence as a lesson to the accused and a reminder to other employers not to shelter or allow illegal immigrants to stay in their premises as it was a serious offence under the Immigration Act.

It was learnt that Babylyn paid RM3,000 today and the remaining fine to be paid on or before Sept 14.