What is Article 15A of the Federal Constitution and how is it applied?

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Article 15A of the Federal Constitution and its Application in Citizenship Cases

Article 15A of the Federal Constitution empowers the government with "special powers" to register individuals under 21 years of age as citizens under circumstances deemed appropriate by the government. This provision has been a pathway for some stateless children to acquire Malaysian citizenship, although the process can be lengthy and is subject to ministerial discretion. The application of Article 15A involves submitting a bid to the home minister, who holds the ultimate decision-making authority on these applications.
Granting of Citizenship Under Article 15A

In specific instances, Article 15A has been instrumental in granting citizenship. For example, two of the five stateless children whose cases were under judicial review were granted citizenship through this article. In one documented case, the Attorney-General’s Chambers informed a lawyer on October 23, 2018, that the home minister had approved her client's citizenship application under Article 15A. Subsequently, citizenship was officially conferred to this client on November 2, 2018. Another individual received notification of their citizenship approval, referencing an Article 15A application, on the very day their case was scheduled for a hearing.
Application Process and Timeframes

The process of applying for citizenship under Article 15A is managed by the home minister. Lawyers have noted that there is no stated limit to the number of times an individual can apply under Article 15A until they reach the age of 21. However, the practical implementation of this route presents challenges, with response times for applications often ranging from 15 to 18 months. In some situations, applicants have experienced even longer delays, with one case taking nearly two years to receive a response, which in that particular instance, was a rejection.
Rejection and Re-application Procedures

When an application under Article 15A is rejected, the ministry commonly advises the applicant to submit a fresh application. This recommendation is often made even when no specific reasons for the initial rejection are provided. In situations where reasons for rejection are absent, legal representatives have sometimes opted to proceed with hearings or appeals rather than re-submitting applications, as the lack of clarity can make it difficult to address the grounds for refusal. The ministry's approach to re-applications underscores the discretionary nature of Article 15A.

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What is Article 15A of the Federal Constitution and how is it applied?

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