By DayakDaily Team
KUCHING, March 10: Children under the age of 18 who were born overseas to Malaysian mothers are now eligible to apply for Malaysian citizenship.
According to Free Malaysia Today, this follows a settlement between the advocacy group Family Frontiers, six Malaysian mothers, and the federal government over an appeal regarding the citizenship of overseas-born children. The agreement was reached at the Federal Court in Putrajaya today.
The appeal arose from a September 2021 ruling by the High Court, which initially sided with the mothers. However, this decision was overturned by the appellate court in a 2-1 verdict on August 5, 2022.
The Federal Court later granted Family Frontiers and the mothers leave to appeal this decision on December 14, 2022.
Senior lawyer Datuk Dr Gurdial Singh Nijar informed the court that the appellants wished to withdraw their appeal after reaching a settlement with the government.
“I am pleased to inform the court that after the last hearing, the appellants engaged in serious and intense negotiations with the government.
“We have agreed on the terms stated in our consent order to settle this matter and withdraw the appeal.
“I ask this court to approve our consent order,” he said before a five-member panel of the apex court, led by Chief Justice Tun Tengku Maimun Tuan Mat, as reported by FMT.
Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Tan Sri P. Nallini, Datuk Nordin Hassan, and Datuk Hanipah Farikullah were also on the bench.
Senior federal counsel Liew Horng Bin, who appeared for the government, confirmed the matters.
According to the consent order, a child under the age of 18 who was born overseas before the enforcement of the Constitutional (Amendment) Act 2024 to a Malaysian mother and a non-citizen father may apply for Malaysian citizenship under Article 15(2) of the Federal Constitution.
Article 15(2) of the Federal Constitution allows children under 21 with at least one Malaysian parent to be registered as citizens.
The child will be granted citizenship if the application meets the requirements of Article 26(1), follows the procedures under Article 15(2), and includes all necessary supporting documents, as outlined in the Constitutional (Amendment) Act 2024.
Article 26(1) of the Constitution states that no person shall be deprived of their citizenship except in accordance with the law.
Family Frontiers and the six Malaysian women married to foreigners with children born outside the country had filed an originating summons in the High Court, seeking their children’s right to Malaysian citizenship.
They also sought a court order from relevant government agencies, which included the National Registration Department, Immigration Department, and Malaysian diplomatic missions, to issue citizenship documents to children born abroad to Malaysian women married to foreigners. — DayakDaily
