What proof of lineage is required for citizenship by operation of law?

Question

Accepted Answer

Proof of Lineage for Citizenship by Operation of Law

The Court of Appeal has clarified that for an individual to be entitled to Malaysian citizenship by operation of law under Section 1(e) of the Federal Constitution, they must definitively prove their lineage at the time of their birth. This requires demonstrating the citizenship status of their biological parents to establish that they were "not born a citizen of any country." The court rejected the notion of a "presumption of citizenship," stating that citizenship is a clear binary status – one is either a citizen or not.
Establishing Parental Citizenship Status at Birth

Crucially, the court emphasised that the claimant must provide evidence of their biological parents' citizenship status at the precise moment of the claimant's birth. In the case of Velmurugan, who was born in Malaysia, the Court of Appeal noted that his mother's citizenship status was recorded as "Belum Ditentukan" (Yet to be determined) by the National Registration Department (NRD). This ambiguity stemmed from inconsistencies regarding her place of birth and the number of siblings she had, preventing her own citizenship from being unequivocally established at the time of Velmurugan's birth.
Rejection of Presumption and Reliance on NRD Records

The Court of Appeal explicitly dismissed the argument that a Malaysian-born mother, whose own mother was born in Malaysia before Merdeka, should be automatically considered a Malaysian citizen. Judges stated there is no presumption of citizenship under Part III of the Federal Constitution. Therefore, Velmurugan could not rely on a presumed citizenship of his mother to claim his own, especially when NRD records indicated her status was undetermined.
Irrelevance of Malaysian Relatives and Late Registrations

The court also ruled that the existence of Malaysian relatives, such as Velmurugan's Malaysian aunt, uncles, and his own Malaysian children, does not automatically confer citizenship upon him. His mother's siblings, who were also born pre-Merdeka, were granted citizenship by registration, not by operation of law, meaning their status did not automatically extend to his mother. Furthermore, the court noted that both Velmurugan and his mother had late birth registrations, a factor that could contribute to the complexity of establishing their citizenship claims.

Reading history

Hide →

This history is cleared when the page is closed.

What proof of lineage is required for citizenship by operation of law?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends