Why did the court reject a presumption of citizenship from a Malaysia-born mother’s status?

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Court Rejected Presumption of Citizenship Due to Lack of Legal Basis in Federal Constitution

The Court of Appeal rejected the notion of a presumption of citizenship for individuals whose mothers were born in Malaysia, stating that under Part III of the Federal Constitution, one is definitively either a citizen or not, without any room for presumption. This decision stemmed from the undetermined citizenship status of Velmurugan's mother, Balamah, at the time of his birth. The court found that Velmurugan could not automatically be considered a Malaysian citizen based on his mother's birthplace, as her own citizenship status remained unresolved by the National Registration Department (NRD) due to inconsistencies in testimonies.
Undetermined Citizenship Status of Mother Precludes Automatic Entitlement

Velmurugan's appeal for Malaysian citizenship was denied because his mother, Balamah, was recorded by the NRD as 'Belum Ditentukan' (Yet to be determined) when he was born in 1986. The court clarified that for Velmurugan to be entitled to citizenship under Section 1(e) of the Federal Constitution, he must affirmatively prove his parents' citizenship status at the precise moment of his birth. The absence of a clear determination of his mother's citizenship meant Velmurugan could not inherit or be automatically granted Malaysian citizenship.
Citizenship Status Not Dependent on Siblings

The Court of Appeal dismissed the argument that Velmurugan's mother should be considered a Malaysian citizen because her siblings were Malaysian citizens. The court's ruling emphasized that an individual's citizenship status is determined by constitutional requirements, not by the citizenship of their relatives. Furthermore, it was noted that Balamah's siblings, who are Malaysian citizens, obtained their status through registration, not by automatic entitlement or 'operation of law,' thus not establishing a precedent for Balamah's or Velmurugan's claim.
No Automatic Entitlement Based on Relatives' Citizenship

The court explicitly stated that the fact that Velmurugan's uncles, aunt, and even his own children hold Malaysian citizenship does not automatically confer citizenship upon him. The legal principle applied was that citizenship is a matter of constitutional entitlement, requiring individuals to meet specific criteria rather than relying on the status of their extended family. Therefore, the presence of Malaysian citizens within his family circle did not override the constitutional requirements for Velmurugan's own claim to citizenship.

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Why did the court reject a presumption of citizenship from a Malaysia-born mother’s status?

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