How does the Sept 9 order force NRD to issue passports and IDs?

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High Court Dismisses Government's Bid to Suspend Citizenship Order for Overseas-Born Children

The High Court has dismissed the Malaysian government's application to temporarily suspend an earlier ruling that overseas-born children of Malaysian mothers are entitled to citizenship. This decision means the government's appeal against the September 9 ruling will proceed without an immediate halt to the implementation of the original order. The High Court judge, Akhtar Tahir, found the government's position contradictory and highlighted the ongoing hardship faced by these mothers and their children.
Court Order Mandates Issuance of Citizenship Documents

The High Court's September 9 decision, which the government sought to stay, specifically directed all relevant authorities to issue necessary documentation, such as identity cards and passports, for overseas-born children granted Malaysian citizenship. This order compels agencies like the National Registration Department (NRD) to act on the court's recognition of these children's citizenship status. The dismissal of the stay application means this directive remains in effect pending the government's appeal.
Judge Cites Contradictory Arguments and Hardship

Justice Akhtar Tahir dismissed the government's stay application, citing a contradictory stance from the defendants. The judge noted that the argument for requiring a constitutional amendment, which presupposes the need for such an amendment, conflicts with the High Court's prior determination that Malaysian mothers already possess constitutional rights concerning their children's citizenship. Furthermore, the judge emphasised that the mothers have endured prolonged hardship and cannot be expected to wait indefinitely for the appeal process to conclude.
Appeal Process Continues Amidst Ongoing Hardship

The Malaysian government, along with the Home Minister and the NRD director-general, had filed an appeal against the September 9 High Court ruling. They subsequently filed the stay application that was heard and dismissed. While the appeal is scheduled for case management on November 17 at the Court of Appeal, the High Court's original order for the issuance of citizenship documents remains operative. The judge indicated that obstacles should not be placed in the mothers' path if the government intends to amend the Federal Constitution in line with the court's decision.

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How does the Sept 9 order force NRD to issue passports and IDs?

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