Why did the courts reject citizenship for individuals born in Malaysia to unmarried parents?

Question

Accepted Answer

Court of Appeal Rules Children Born Out of Wedlock Cannot Inherit Malaysian Father's Citizenship

The Malaysian courts have rejected citizenship bids for individuals born in Malaysia to unmarried parents, citing that such children must follow their non-Malaysian mother's citizenship status. This decision by the Court of Appeal affirms a High Court ruling, concluding that biological Malaysian fathers' marital status with non-Malaysian mothers at the time of birth is a critical factor. The court's reasoning is largely anchored in established Federal Court and previous Court of Appeal precedents concerning citizenship.
Illegitimate Births Follow Mother's Citizenship Status

The Court of Appeal has determined that children born out of wedlock, or where parents were not married at the time of birth, are to be subject to their non-Malaysian mother's citizenship. This principle was applied in the cases of two individuals, referred to as J and D, who were born in Malaysia but whose biological Malaysian fathers were not married to their respective non-Malaysian mothers. Despite being raised their whole lives by their Malaysian fathers and having lived in Malaysia, the court found their citizenship claims invalid based on this legal interpretation.
Case of J Demonstrates Citizenship Complications

In the case of J, who is approaching 30, her birth certificate was initially issued without a citizenship status, a common practice at the time. However, a later version of her birth certificate, issued in 2004, stated she was Malaysian, and she was subsequently issued a Malaysian passport. This changed when her father applied for her identity card at age 12, leading to the amendment of her birth certificate to reflect "non-citizen" status due to her parents' unmarried status at her birth. Her applications for citizenship under Article 15A and Article 19 of the Federal Constitution were rejected by the Home Ministry and the National Registration Department, and she claims to be stateless, with the Indonesian Embassy certifying she is not an Indonesian citizen.
D's Citizenship Bid Rejected Despite Malaysian Father

Similarly, D, who is nearing 28, had his citizenship bid rejected. He was born in Teluk Intan, Perak, to a Malaysian father and a Filipino mother who left when he was an infant. D, who possesses a DNA test confirming his parentage and a letter from the Philippine Embassy stating no record of his birth or citizenship application there, argued that his father's Malaysian citizenship should be considered. However, the Court of Appeal maintained that he could trace his citizenship to his Filipino mother and is therefore not stateless, thus rejecting his claim.
Precedents Guide Court of Appeal's Decision

The Court of Appeal's unanimous decision was significantly influenced by a Federal Court ruling in 2021 concerning a citizenship case identified as CTEB, as well as past decisions made by the Court of Appeal in similar citizenship appeals. This reliance on established jurisprudence underscores the consistent application of legal principles in determining citizenship for children born in circumstances where parents were not married. Notably, the same Court of Appeal panel had, in the preceding month, dismissed similar citizenship appeals from three other children born in Malaysia under comparable conditions.

Reading history

Hide →

This history is cleared when the page is closed.

Why did the courts reject citizenship for individuals born in Malaysia to unmarried parents?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends