What legal hurdles remain for Malaysian mothers seeking citizenship for foreign-born children?

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Federal Court to Hear Leave Application on Citizenship for Overseas-Born Children

Malaysian mothers seeking automatic citizenship for their children born overseas to foreign spouses face a significant legal hurdle as they await a Federal Court decision on their application for leave to appeal. The Federal Court has scheduled December 14 to hear this application, which stems from a Court of Appeal ruling that overturned a High Court decision favourable to these mothers. This means that further progress in their legal challenge hinges on the Federal Court granting permission to proceed with a full appeal.
Application for Leave to Appeal Filed

Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian mothers, represented by lawyers including Abraham Au, filed their application on August 26. This application seeks to set aside the Court of Appeal's ruling from August 5, which, by a 2-1 majority, reversed a High Court decision. The original High Court ruling had affirmed the right of children born abroad to Malaysian mothers with foreign spouses to obtain Malaysian citizenship.
Court of Appeal Overturned High Court Ruling

The Court of Appeal's decision on August 5 marked a significant setback for these families. It overturned a High Court judgment that had previously allowed children born outside Malaysia to Malaysian mothers married to foreigners to be granted citizenship. This appellate decision has created the need for a further appeal to the highest court in Malaysia.
Combined Hearing with Another Citizenship Case

The Federal Court will hear the leave application by Family Frontiers and the six mothers alongside another case brought by Mahisha Sulaiha. Mahisha Sulaiha, a 24-year-old woman, also lost her lawsuit seeking a declaration of entitlement to Malaysian citizenship, making the December 14 hearing a consolidated effort for those challenging current citizenship provisions. In civil litigation, obtaining leave from the Federal Court is a mandatory prerequisite before an appeal can be heard on its merits.

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What legal hurdles remain for Malaysian mothers seeking citizenship for foreign-born children?

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