What condition in Section 1(e) of the Second Schedule applied to Nalvin?

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Nalvin Dhillon's Citizenship Status Confirmed by High Court

The High Court has declared Nalvin Dhillon a Malaysian citizen, affirming that he meets the conditions stipulated under Section 1(e) of Part II of the Second Schedule of the Federal Constitution. This declaration is based on the finding that Nalvin was not a citizen of any other country at the time of his birth. Consequently, the court has ordered the National Registration Department and the Home Ministry to issue a MyKad to Nalvin within 21 days.
Condition of Not Being a Citizen of Any Other Country Met

Nalvin Dhillon, born on June 5, 1997, in Klang, Selangor, to a Malaysian father and a Filipino mother, was found to fulfil the requirements of Section 1(e) of Part II of the Second Schedule. This specific provision states that a person born within Malaysia can be considered a citizen by operation of law if they were not born a citizen of any other country. The High Court's decision hinges on this crucial fact, establishing Nalvin's automatic entitlement to Malaysian citizenship under Article 14(1)(b) of the Federal Constitution.
Late Birth Registration and Parental Marriage Record Issues

The process of Nalvin's birth registration was complicated. His birth was officially registered on July 25, 2001, four years after his actual birth date, necessitating a late registration. Furthermore, at the time of his birth, there was an absence of a valid marriage record between his parents, leading the National Registration Department (NRD) to classify him as an illegitimate child. This situation contributed to the subsequent challenges in obtaining official documentation confirming his citizenship.
Malaysian Passport Issuance as Implicit Recognition

A significant point in Nalvin's case was the issuance of a Malaysian passport to him in 2001, shortly after his mother left the family. His lawyers argued that the Malaysian government implicitly recognised him as a citizen by issuing this passport, a document generally exclusive to Malaysian nationals. The High Court judge found this argument compelling, noting that the issuance of a Malaysian passport inherently raises a presumption of citizenship, a presumption the defendants failed to successfully rebut.
Challenges Faced Due to Lack of Identification

The absence of a MyKad had a substantial impact on Nalvin's life. He encountered difficulties in enrolling in tertiary education, obtaining a driver's licence, and opening bank accounts. These everyday necessities were inaccessible without the national identification card, highlighting the critical role of citizenship documentation in a person's ability to integrate fully into society and access essential services. Nalvin's father, a veteran of 22 years in the Royal Malaysian Air Force, also faced the challenge of his son's statelessness.

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What condition in Section 1(e) of the Second Schedule applied to Nalvin?

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