Court declares Perak-born stateless girl a citizen
KUALA LUMPUR: Born in Perak, a 13-year-old girl can now proudly call herself a Malaysian citizen after the High Court made a declaration in her favour yesterday and ordered the National Registration Department (NRD) to issue her an identification card.
The government had previously refused to recognise the child as a citizen, as she was born to a Malaysian father and a Filipina mother before their marriage was registered and was considered illegitimate.
The child cannot be named, though her parents and lawyers have consented to the publication of her picture in news reports.
In her decision yesterday, High Court judge Datuk Faizah Jamaludin said the girl was “no longer illegitimate” at the time the Home Ministry rejected her citizenship application nor when she filed for judicial review to challenge the citizenship refusal.
Faizah noted the girl’s parents had registered their marriage, and that their child had been legitimised from their marriage registration date onwards.
“I find pursuant to Section 3 of the Legitimacy Act, the marriage of the second applicant’s parents rendered her legitimate,” the judge said, referring to the child as the second applicant.
“This is the decision of the court: An order of mandamus is granted to the respondents to issue a citizenship certificate and MyKad to the second applicant.
“It is hereby declared that the second applicant is a Malaysian citizen by operation of law under Article 14(1)(b) of the Federal Constitution, read together with Part II of the Second Schedule of the Constitution,” she added.
The judge gave no order for damages or cost.
When met outside court, both the girl and her father Lew Yee Hong said they were “happy” with the decision.
The child, whose name has been withheld at the request of the lawyers, is now in Form One at a school in Sungai Siput, Perak.
The girl’s mother, who declined to be named, told reporters that she was very “happy” and overjoyed with the court’s ruling.
Having waited a long time for this moment, the mother said she nearly cried “tears of joy” when hearing that her child was recognised as a citizen and would receive an identification card.