How does the Court of Appeal decide citizenship for stateless persons?

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Court of Appeal Affirms Citizenship for Stateless Persons Based on Constitutional Requirements and Marriage Registration Rights

The Court of Appeal has determined that six stateless individuals from a Perak family are Malaysians, as they meet the criteria for citizenship outlined in the Federal Constitution. This landmark decision also established that stateless individuals in Malaysia possess the legal right to marry and register their unions, a ruling crucial for preventing the perpetuation of statelessness across generations. The court affirmed the High Court's decision, dismissing the government's appeal.
Citizenship Granted Based on Constitutional Provisions

The Court of Appeal ruled that the Perak family fulfilled the requirements for automatic Malaysian citizenship at birth under Article 14(1)(b) of the Federal Constitution, read in conjunction with Section 1(a) of Part II of the Second Schedule. This section stipulates that citizenship is conferred if one of the parents is a Malaysian citizen. The court found that, in this specific case, all mothers across successive generations of the family were indeed Malaysian citizens, thereby entitling their children to citizenship by operation of law.
Right to Marriage Registration for Stateless Individuals

A significant aspect of the ruling is the unanimous declaration that stateless persons in Malaysia can legally marry and register their marriages. The Court of Appeal referenced Section 27 of the Law Reform (Marriage and Divorce) Act 1976, which mandates the registration of all marriages in Malaysia and does not require an identity card, nor does it prohibit the registration of a stateless person's marriage. This legal right is vital, as the inability to register marriages had led to intergenerational statelessness within the family.
Prevention of Intergenerational Statelessness

The court's findings highlighted how the inability of stateless women in the Perak family to register their marriages to Malaysian husbands had resulted in their children inheriting their mother's stateless status, rather than their father's Malaysian citizenship. This created a cycle of statelessness spanning three generations. By affirming the right to marriage registration for stateless individuals, the ruling directly addresses this issue, ensuring that children born to a Malaysian father and a stateless mother can now inherit their father's citizenship.
Rejection of Government's Appeal

The Court of Appeal dismissed the government's appeal against the High Court's earlier ruling that favoured the Perak family. The court found no grounds for appealable errors in the High Court's decision. This outcome means that Kamaladevi Kanniappan, her two children, and her three grandchildren, who can trace their lineage five generations back to a Malaysian couple, will now be recognised as Malaysian citizens. The court also noted that an internal government circular, Arahan Jabatan Pendaftaran Negara Bil. 6/2021, supports the position that personal identification documents are not a prerequisite for marriage registration.

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How does the Court of Appeal decide citizenship for stateless persons?

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