Can being born in Malaysia automatically grant citizenship without parental proof?

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Being Born in Malaysia Does Not Automatically Grant Citizenship Without Parental Proof

The Malaysian Court of Appeal has ruled that being born in Malaysia does not automatically confer citizenship, particularly when the citizenship status of the parents is undetermined at the time of the child's birth. The court emphasised that there is no presumption of citizenship; individuals are either citizens or not, and entitlement must be proven according to the Federal Constitution's requirements. This decision highlights the critical importance of establishing parental citizenship status to claim citizenship by operation of law.
Citizenship Entitlement Relies on Proven Lineage

Velmurugan, a 38-year-old Malaysian-born individual, sought citizenship based on his mother being born in Malaysia before Merdeka and his maternal grandmother also being born in Perak. Despite three of his mother's siblings being registered Malaysians, the Court of Appeal determined that Velmurugan was not entitled to citizenship under Article 14(1)(b) and Section 1(e) of the Second Schedule of the Federal Constitution. This was because his mother's citizenship status was recorded as "Belum Ditentukan" (Yet to be determined) by the National Registration Department at the time of his birth, and no evidence was presented to establish his parents' legal marriage.
No Presumption of Citizenship Under the Federal Constitution

The Court of Appeal explicitly rejected the notion that there is a presumption of citizenship. The ruling stated that citizenship is not a matter of assumption but must be demonstrated by meeting the constitutional criteria. Velmurugan's argument that his mother should be considered a Malaysian citizen simply because her siblings are registered Malaysians was also dismissed. The court clarified that the citizenship of siblings does not automatically confer citizenship upon another individual.
Citizenship by Registration Differs from Operation of Law

The court further differentiated between citizenship by operation of law and citizenship by registration. Velmurugan's mother's siblings, who were born in Malaysia pre-Merdeka, were granted citizenship by registration. This process is distinct from citizenship acquired automatically by operation of law under the Federal Constitution. Consequently, their status did not establish a basis for Velmurugan's mother, or subsequently Velmurugan himself, to claim citizenship automatically.
Article 19 Citizenship Requires Formal Application

Velmurugan had also referenced Article 19 of the Federal Constitution, which pertains to citizenship by naturalisation. However, the Court of Appeal noted that this avenue requires a formal application to the federal government and the fulfilment of specific requirements. As Velmurugan had not yet filed such an application, this argument was not considered by the court in his appeal for citizenship by operation of law.

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Can being born in Malaysia automatically grant citizenship without parental proof?

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