Landmark decision on citizenship

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KUALA LUMPUR: In a landmark decision, the High Court declared that children born overseas to Malaysian mothers married to foreigners are entitled by operation of law to be Malaysian citizen.

Counsel Datuk Dr Gurdial Singh Nijar said Justice Akhtar Tahir ruled that Part II of the Second Schedule of the Federal Constitution must also mean and include mothers.“The judge also made an order that the authorities must issue relevant documents, like identity cards, to these children in recognition of this effect,” he said, adding the judge did not make any order as to costs as the case involved public interest.

In an originating summons filed on Dec 18 last year, they are seeking six specific court orders, including a declaration that Section 1 and Section 1 of the Second Schedule, Part II of the Federal Constitution be read harmoniously with Article 8 to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.

They named the Malaysian government, the Home Minister and the NRD director-general as defendants. Senior federal counsel Liew Horng Bin represented all the defendants. “It’s a momentous decision that restores the right of mothers in line with Parliament’s amendment in 2001 to outlaw discrimination against women. And it gives them and their overseas-born children equal rights as fathers in a similar situation,” he added.

 

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