What is the burden of proof for the NRD in citizenship appeals?

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The National Registration Department Carries the Burden of Proof in Rebutting Citizenship Presumptions for Abandoned Children

In citizenship appeals concerning abandoned newborns, the National Registration Department (NRD) and the Malaysian government bear the responsibility of proving that a child's birth mother was not a permanent resident. This obligation stems from Section 19B of Part III of the Second Schedule of the Federal Constitution, which establishes a presumption of permanent residency for the mother of an abandoned child, thereby facilitating the child's acquisition of citizenship. The NRD and the government must actively demonstrate the inaccuracy of this presumption, rather than placing the onus on the child or their adoptive parents to prove a negative by identifying an unknown mother.
Section 19B Creates a Presumption of Permanent Residency for the Mother

The legal framework governing citizenship for abandoned newborns, particularly under Section 19B, is designed to protect children from statelessness. This provision creates a constitutional presumption that an abandoned newborn's mother was a permanent resident of Malaysia. This presumption is crucial as it allows the child to meet the conditions for automatically acquiring Malaysian citizenship, as outlined in Article 14(1)(b) and Section 1(a) of Part II of the Second Schedule. The emphasis is on the fact of abandonment, regardless of the method by which the birth mother relinquished the child.
The NRD Must Disprove the Presumption to Deny Citizenship

To deny a child citizenship based on Section 19B, the NRD and the government must successfully rebut the presumption that the birth mother was a permanent resident. The Court of Appeal has affirmed that this burden lies squarely with the state. In the case of LS, a Seremban-born girl, the court ruled that her adoptive parents, who did not know her birth mother, were not required to prove a negative fact by identifying her mother. Instead, the NRD had to affirmatively prove that LS's mother was not a permanent resident.
Failure to Rebut the Presumption Leads to Declaration of Citizenship

When the NRD and the government fail to provide sufficient evidence to disprove the constitutional presumption of permanent residency for the birth mother, the court will declare the child a Malaysian citizen. This was the outcome for LS, whose adoptive parents successfully challenged the NRD's decision to issue her a birth certificate identifying her as a non-citizen. The Court of Appeal's order for LS to be reissued a birth certificate and MyKad as a Malaysian citizen underscores the significance of this burden of proof.

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What is the burden of proof for the NRD in citizenship appeals?

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