Does birth in Malaysia automatically grant citizenship without parental status?

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Birth in Malaysia Does Not Automatically Grant Citizenship Without Parental Status

The Malaysian Court of Appeal has ruled that birth in Malaysia does not automatically confer citizenship if the parent's citizenship status is undetermined at the time of the child's birth. This decision was made in the case of Velmurugan, a 38-year-old man whose claim to Malaysian citizenship was rejected because his mother's citizenship was listed as "Belum Ditentukan" (Yet to be determined). The court emphasised that there is no presumption of citizenship; an individual is either a citizen or not, and eligibility must be proven according to the Federal Constitution.
Undetermined Parental Citizenship Status Prevents Automatic Entitlement

Velmurugan's appeal was dismissed as the Court of Appeal found his mother, Balamah, did not have a determined Malaysian citizenship status when he was born. While Balamah was born in Malaysia before Merdeka, and her maternal grandmother was born in Perak, inconsistencies in her birth registration and location led the National Registration Department (NRD) to classify her status as undetermined. The court stated that without proof of his mother's Malaysian citizenship, Velmurugan could not automatically be considered a citizen, even though he was born in Malaysia.
Lack of Evidence on Parental Marriage and Citizenship

The court also noted the absence of evidence regarding Velmurugan's parents being legally married at the time of his birth. This factor meant that his lineage and citizenship would be traced through his biological mother. However, as his mother's own citizenship was undetermined, this lineage did not lead to an automatic Malaysian citizenship for Velmurugan. The ruling underscored that the onus is on the applicant to provide conclusive evidence of their eligibility.
Siblings' Citizenship Does Not Confer Automatic Status

Velmurugan's argument that he should be considered Malaysian because three of his mother's siblings (his aunt and uncles) were registered Malaysians was also rejected. The Court of Appeal clarified that these siblings obtained their citizenship by registration, not by operation of law. Therefore, their citizenship status did not automatically confer citizenship upon Velmurugan or his mother. The court stressed that each individual's claim to citizenship must be assessed independently against the constitutional requirements.
Citizenship by Naturalisation Requires Application

Furthermore, Velmurugan's attempt to claim citizenship under Article 19 of the Federal Constitution, which pertains to citizenship by naturalisation, was deemed premature. The court stated that this route requires a formal application to the federal government, which Velmurugan had not yet filed. His lawyer confirmed that no Article 19 application had been submitted, making this claim invalid at the time of the appeal.

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Does birth in Malaysia automatically grant citizenship without parental status?

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