How does the NRD record of “Belum Ditentukan” block a child’s Malaysian claim?

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The NRD's "Belum Ditentukan" Status Prevents Automatic Citizenship Claims

The National Registration Department's (NRD) recording of a mother's citizenship status as "Belum Ditentukan" (Yet to be determined) can obstruct a child's claim to Malaysian citizenship by operation of law. This classification signifies unresolved ambiguities regarding the mother's own eligibility, which, in turn, prevents the child from automatically inheriting citizenship at birth. The Court of Appeal's decision in the case of Velmurugan highlights that there is no presumption of citizenship; an individual must affirmatively prove their status as a citizen, or their entitlement to it, based on the Federal Constitution.
Ambiguity in the Mother's Citizenship Records

Velmurugan's case illustrates how inconsistencies in a mother's historical records can lead to her citizenship status being marked as "Belum Ditentukan." In Balamah's case, the NRD's records reflected uncertainty about her birthplace and the number of siblings she possessed. These discrepancies prevented a definitive determination of her citizenship status at the time of Velmurugan's birth, a critical factor for his own claim.
No Presumption of Citizenship Under the Federal Constitution

The Court of Appeal explicitly stated that the Federal Constitution does not operate on a presumption of citizenship. Citizenship is not automatically granted; rather, an individual is either a citizen or not. For a child to be considered a citizen by operation of law, they must demonstrate that they meet the constitutional requirements, which often involves proving the citizenship status of their parents at the time of their birth. Velmurugan could not establish that his mother was a Malaysian citizen, thus he could not fulfil the necessary conditions.
Siblings' Citizenship Does Not Confer Automatic Status

The argument that Velmurugan's mother should be considered a Malaysian citizen because her siblings are Malaysian citizens was rejected by the court. The Court of Appeal clarified that the citizenship status of siblings does not automatically confer citizenship upon another individual. Instead, each person's entitlement to Malaysian citizenship must be assessed independently according to the provisions of the Federal Constitution. It was noted that the mother's siblings were granted citizenship by registration, not by operation of law, further differentiating their status.

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How does the NRD record of “Belum Ditentukan” block a child’s Malaysian claim?

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