Can being born in Malaysia automatically grant citizenship under current law?

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Being Born in Malaysia Does Not Automatically Grant Citizenship Under Current Law

Under current Malaysian law, being born in Malaysia does not automatically grant citizenship. The Federal Constitution outlines specific conditions and requirements that must be met, primarily through Article 14(1)(b) and the Second Schedule, Part II, Section 1(e), which govern citizenship by birth. For an individual to be entitled to citizenship by operation of law based on birth in Malaysia, they must demonstrate not only their place of birth but also that their parents' citizenship status at the time of their birth rendered them not a citizen of any other country.

The Court of Appeal's decision in Velmurugan's case highlights this principle. Despite being born in Malaysia, Velmurugan was denied citizenship because his mother's citizenship status was undetermined at the time of his birth. This underscores that a direct lineage and established citizenship status of parents are critical factors, and there is no inherent presumption of citizenship solely based on being born within Malaysian borders. The court explicitly stated that one is either a citizen or not, and failing to meet the constitutional requirements means an individual is not entitled to Malaysian citizenship.
Citizenship Entitlement Hinges on Parental Status

The legal framework in Malaysia stipulates that entitlement to citizenship by birth, as per Section 1(e) of the Second Schedule, requires proof of lineage and the citizenship status of one's parents at the precise moment of the applicant's birth. This means that an individual born in Malaysia can only claim citizenship by operation of law if they can establish that they were not born a citizen of any other nation, which is directly linked to their parents' citizenship at that time. In Velmurugan's case, the absence of definitive evidence regarding his mother's citizenship status at his birth prevented him from meeting this crucial constitutional requirement.
Undetermined Citizenship Status Creates Generational Challenges

The issue of undetermined citizenship status, as seen with Velmurugan's mother, Balamah, presents significant challenges for subsequent generations. Balamah's status was recorded as "Belum Ditentukan" (Yet to be determined) by the National Registration Department (NRD) due to inconsistencies in records and testimonies. This ambiguity meant that even though she was born in Malaysia before Merdeka, her own citizenship was not formally established, consequently impacting her son's claim to citizenship. The Court of Appeal reiterated that such undetermined statuses mean individuals cannot be automatically presumed to be citizens, and the burden of proof lies with the applicant to establish their eligibility according to constitutional provisions.
No Automatic Entitlement Based on Family Members' Citizenship

The Court of Appeal also clarified that having Malaysian citizens within one's family, such as siblings of a parent or one's own children, does not automatically confer citizenship. Velmurugan's argument that his mother's siblings being Malaysian citizens should entitle her, and by extension him, to citizenship was rejected. The court emphasised that each individual's claim to citizenship must be assessed independently against the Federal Constitution's criteria. Furthermore, the court noted that Velmurugan's mother's siblings had obtained their citizenship by registration, not by operation of law, further distinguishing their status from an automatic entitlement based on birth.
Citizenship by Naturalisation Requires Formal Application

For individuals who do not qualify for citizenship by operation of law, the option of citizenship by naturalisation under Article 19 of the Federal Constitution exists. However, this process requires a formal application to the federal government and adherence to specific requirements outlined in the Article. Velmurugan had raised this as an alternative basis for his claim, but the Court of Appeal dismissed it because he had not yet filed such an application. This highlights that naturalisation is a discretionary process managed by the government, distinct from citizenship acquired by birth or other constitutional provisions.

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Can being born in Malaysia automatically grant citizenship under current law?

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