What constitutional hurdles did Velmurugan face in his citizenship bid?

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Velmurugan's Citizenship Appeal Rejected Due to Unresolved Citizenship Status of Mother

The Court of Appeal has rejected Velmurugan's appeal for Malaysian citizenship, ruling that he is not automatically entitled to it because his mother's own citizenship status was undetermined at the time of his birth. This decision hinges on the Federal Constitution's specific requirements for citizenship by operation of law, which demand clear proof of lineage and parental citizenship, rather than assumptions based on place of birth or familial connections.
Lack of Proof for Mother's Citizenship Status

Velmurugan sought citizenship based on his biological mother, Balamah, having been born in Malaysia before Merdeka. However, the Court of Appeal highlighted that official records from the National Registration Department (NRD) listed Balamah's citizenship status as "Belum Ditentukan" (Yet to be determined). This ambiguity arose from inconsistencies regarding her birthplace and the number of siblings she had, despite DNA tests confirming her familial relationships. The court stressed that without establishing his mother's Malaysian citizenship, Velmurugan could not claim citizenship through her.
Rejection of Citizenship by Presumption

The court explicitly dismissed the notion of a "presumption of citizenship" under Part III of the Federal Constitution. Velmurugan's argument, which suggested that his mother should be considered a Malaysian citizen because she was born in Malaysia and not a citizen of any other country, was rejected. The judges stated that citizenship is a matter of fact, not presumption; one is either a citizen or not, and entitlement must be proven according to constitutional provisions.
Insufficient Evidence of Lineage and Marriage

A critical hurdle for Velmurugan was the lack of evidence presented to the court regarding his parents' legal marriage at the time of his birth. The Court of Appeal noted that this absence of proof meant his lineage would be traced through his biological mother. Consequently, his citizenship status would follow hers. Since his mother's citizenship remained undetermined, this further complicated his own claim.
Familial Connections Do Not Confer Automatic Citizenship

The Court of Appeal also ruled that Velmurugan's Malaysian citizenship cannot be automatically granted based on the citizenship status of his relatives. While three of his mother's siblings (his aunt and uncles) are registered Malaysians, and his own five children are Malaysian citizens, the court found these facts insufficient for his entitlement. It was clarified that his mother's siblings obtained citizenship by registration, not by operation of law, and their status does not automatically confer citizenship upon their relatives.

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What constitutional hurdles did Velmurugan face in his citizenship bid?

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