The Federal Court today dismissed an appeal by a 10-year old boy to obtain Malaysian citizenship. — Picture by Yusof Mat Isa
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KUALA LUMPUR, May 28 — An appeal by a 10-year old boy, who was born out of wedlock to a Malaysian father and Filipino mother, to obtain Malaysian citizenship was dismissed by the Federal Court today in a split 4-3 decision this morning.
The majority judgement dismissing the appeal was read out in court this morning by Court of Appeal President Tan Sri Rohana Yusuf who told the court that she and three other judges concurred that they failed to find merit in the arguments raised by the appellant’s counsels.
“I am in full agreement with both the High Court and the Court of Appeal that the Child does not meet the requisite criteria stipulated pursuant to Article 14(1)(b) of the Federal Constitution read together with Section 1(b) of Part II of the Second Schedule, and Section 17 of Part III of the Second Schedule to be declared a citizen by operation of law, properly construed.
“Since Section 17 of Part III of the Second Schedule defines the word “father” as referring to “mother” in a case of an illegitimate child, the child’s citizenship cannot follow that of his father,” said Rohana when reading a section of her judgement over a Zoom teleconference streamed this morning.
“The appeal of the appellants is dismissed and the decisions by both courts below are affirmed,” she added.
Other judges on the bench who concurred with Rohana are Datuk Vernon Ong Lam Kiat, Datuk Zabariah Mohd Yusof, Datuk Hasnah Mohammed Hashim.
Judges who allowed the appeal but formed the minority judgement were Chief Justice Tun Tengku Maimun Tuan Mat, Datuk Nallini Pathmanathan, Datuk Mary Lim Thiam Suan.
This marks the final legal passage for the child’s attempt towards gaining Malaysian citizenship, an application that was first heard and dismissed by the High Court back in 2017, and again in February 2019 by the Court of Appeal.
MORE TO COME