THE Government has succeeded in its appeal to deny citizenship to overseas-born children of Malaysian mothers and foreign fathers.
On Sept 9, 2021, the Kuala Lumpur High Court in a landmark decision declared that children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship.
In a two-one majority, the three-person bench chaired by judge Datuk Seri Kamaludin Md Said allowed the appeal by the three appellants – the Government, the Home Minister and the National Registration Department (JPN) director-general.
Kamaludin – who chaired the bench – and Datuk Azizah Nawawi ruled in the majority while Datuk S. Nantha Balan dissented.
The respondents in the matter are six Malaysian mothers and family rights group Family Frontiers.
The majority said the word “father” in the Second Schedule of Part 11 of the Federal Constitution meant the biological father and cannot be extended to include the mother or parents.
In noting that they were following the legal principles in a Federal Court ruling made last year, Kamaludin and Azizah pointed out that it was up to Parliament – and not the court – to rewrite the constitution.
Meanwhile, Nantha Balan argued that the present legal status of the mother’s bloodline was made to look inferior to the father.
He noted that Article 14, which allowed children outside the federation to obtain citizenship, was discriminatory as it violated the equality provision while stressing that the denial of citizenship also went against international law which Malaysia was a party to.
At this juncture it is important to note that the appellate court has made it clear that the citizenship already granted to the children of the six Malaysian mothers will remain, pending disposal of their appeal to the Federal Court.
The bench further informed parties that in relation to the status of citizenship application for overseas-born children of Malaysian mothers and foreign fathers other Malaysian mothers still pending before JPN, such application would be “frozen” pending disposal of the appeal before the apex court. – Aug 5, 2022
