Why did Haritharan’s Malaysian father fail to confer citizenship automatically?

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Haritharan's Malaysian Father Did Not Confer Citizenship Due to Illegitimacy at Birth

Haritharan Mugunthan, a 25-year-old, was unsuccessful in his appeal to be recognised as a Malaysian citizen, despite being born to a Malaysian father. The Court of Appeal ruled that due to his parents not being married at the time of his birth, his status was considered illegitimate under Malaysian law, thereby precluding him from automatically inheriting his father's citizenship. This legal interpretation, rooted in specific constitutional provisions, determined that parentage for illegitimate children is traced through the mother.
Legal Basis for Illegitimate Children's Citizenship

The Court of Appeal's decision hinged on Section 17 of Part III, Second Schedule of the Federal Constitution. This section stipulates that for an illegitimate child, the determination of parentage for citizenship purposes is based on the mother. Consequently, Haritharan could not claim Malaysian citizenship through his father. The court noted the absence of evidence indicating his mother was a Malaysian citizen or permanent resident at the time of his birth, which would have been a critical factor if his parentage was to be traced through her.
Rejection of Citizenship Claims Based on Documentation

Haritharan had presented various documents as evidence of his Malaysian status, including a Malaysian passport issued in 2002, his MyKid number, school records, and immunisation records. While the court acknowledged that these documents might have contributed to the belief that he was treated as Malaysian, it clarified that such administrative documents are not the source of citizenship. Citizenship by operation of law, as defined by the Federal Constitution, is established solely if the constitutional requirements are met, irrespective of documentation or perceived status.
Constitutional Requirements Not Met

The core of the Court of Appeal's judgment was that Haritharan had not satisfied the constitutional prerequisites for automatic Malaysian citizenship. Because his parents were unmarried at the time of his birth, he was legally considered illegitimate. This status meant he could not derive citizenship from his Malaysian father and would, by default, acquire his mother's citizenship. Without proof of his mother's Malaysian residency or citizenship at his birth, his claim failed to meet the constitutional threshold of having at least one Malaysian parent or permanent resident parent.

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Why did Haritharan’s Malaysian father fail to confer citizenship automatically?

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