Why couldn’t Haritharan rely on his Malaysian father’s citizenship?

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Haritharan Could Not Rely on His Malaysian Father's Citizenship Due to His Parents' Unmarried Status at Birth

Haritharan Mugunthan's bid to claim Malaysian citizenship through his father was unsuccessful because his birth was deemed illegitimate under Malaysian law, as his parents were not married at the time of his birth. This legal status meant that, according to Section 17 of the Federal Constitution's Second Schedule's Part III, his parentage was determined solely by his mother. Consequently, he could not assert a claim based on his father's Malaysian citizenship and was instead required to meet the criteria through his mother's status.
Illegitimacy Based on Parents' Marital Status

The core of Haritharan's inability to claim citizenship through his father lies in the circumstances of his birth. Malaysian law, as reflected in Section 17 of the Federal Constitution's Second Schedule's Part III, differentiates between legitimate and illegitimate children when determining citizenship by descent. For an illegitimate child, such as Haritharan, the legal parentage for citizenship purposes defaults to the mother, irrespective of the father's citizenship status.
Mother's Citizenship Status as the Determining Factor

As Haritharan's mother was Thai and there was no evidence presented to the court indicating she was a Malaysian citizen or a permanent resident at the time of his birth, he failed to satisfy a crucial constitutional requirement. This requirement stipulates that an individual must have at least one parent who is a Malaysian citizen or a permanent resident at the time of their birth to be automatically considered for citizenship. His mother's non-Malaysian status, coupled with the illegitimacy of his birth, prevented him from establishing this link.
Court's Emphasis on Constitutional Requirements Over Documentation

The Court of Appeal explicitly stated that documents such as Haritharan's past Malaysian passport, issued in 2002, his MyKid number, school records, and immunisation records, while suggesting he was treated as Malaysian, do not confer citizenship. The court emphasised that citizenship by operation of law arises only if the stringent requirements laid out in the Federal Constitution are met. Therefore, administrative dealings and historical documentation, without the foundational constitutional basis, were insufficient to grant him citizenship through his father.

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Why couldn’t Haritharan rely on his Malaysian father’s citizenship?

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