The Kuala Lumpur High Court directed the National Registration Department (NRD), the Home Ministry and the government today to look into possibly settling and providing citizenship to a 14-year-old girl who has a Malaysian-Filipino parentage.
This comes after the family of N Yanesha had submitted an affidavit in court today, following a DNA test - as required by the authorities - which proved that S Nanthakumar is her father. Nanthakumar is a Malaysian.
In the family's affidavit, they stated that even Bangladeshi, Indonesians and Sulu have been allegedly given citizenship by the Malaysian authorities despite not being required to undergo DNA tests.
Justice Rosilah Yop related the matter to lawyer Annou Xavier (left) and senior federal counsel Maisarah Juhari in her chambers this morning and fixed July 31 for the next date before court.
“This is for the respondents (the government, the Home Ministry and the NRD) to decide on whether to apply to strike out Yanesha's application for citizenship. Her application for citizenship will depend on the outcome of that striking out application (and whether the government wants to settle),” Annou said outside the court.
Yanesha (right) had submitted her suit earlier this year through her aunt S Yogeswari, where the three were named as respondents.
She was born in Bandar Sunway, Selangor, on May 3, 1999, and because her mother is a Filipino, Yanesha's birth certificate states her as a non-citizen.
This resulted in Yanesha having to face problems when enrolling in schools and sitting for public examinations, as at present, she has had to apply for a student pass annually from the Immigration Department.
This comes after the family of N Yanesha had submitted an affidavit in court today, following a DNA test - as required by the authorities - which proved that S Nanthakumar is her father. Nanthakumar is a Malaysian.
In the family's affidavit, they stated that even Bangladeshi, Indonesians and Sulu have been allegedly given citizenship by the Malaysian authorities despite not being required to undergo DNA tests.Justice Rosilah Yop related the matter to lawyer Annou Xavier (left) and senior federal counsel Maisarah Juhari in her chambers this morning and fixed July 31 for the next date before court.
“This is for the respondents (the government, the Home Ministry and the NRD) to decide on whether to apply to strike out Yanesha's application for citizenship. Her application for citizenship will depend on the outcome of that striking out application (and whether the government wants to settle),” Annou said outside the court.
Yanesha (right) had submitted her suit earlier this year through her aunt S Yogeswari, where the three were named as respondents.She was born in Bandar Sunway, Selangor, on May 3, 1999, and because her mother is a Filipino, Yanesha's birth certificate states her as a non-citizen.
This resulted in Yanesha having to face problems when enrolling in schools and sitting for public examinations, as at present, she has had to apply for a student pass annually from the Immigration Department.
Things turned for the worse when Yanesha's parents separated, leaving her under the care of her aunts and grandmother.
Samy Vellu, Hishammuddin can't assist
The aunts had met former MIC president S Samy Vellu (below) and then education minister Hishammuddin Hussein for assistance previously, but it all proved to be fruitless.
The filing of the suit culminated as the family's last-ditch effort to get citizenship for Yanesha.
Samy Vellu, Hishammuddin can't assist
The aunts had met former MIC president S Samy Vellu (below) and then education minister Hishammuddin Hussein for assistance previously, but it all proved to be fruitless.
The filing of the suit culminated as the family's last-ditch effort to get citizenship for Yanesha.
They are seeking a declaration that she is a Malaysian citizen under Article 14(1), 15(2) and 15A of the federal constitution, a directive for the authorities issue her a MyKad, and an order for the NRD to register her under the National Registration Act.
Article 14(1) states that a person is a citizen if born within the federation on or after Independence Day.
Article 15(2) states that any person under the age of 21, whose father is a citizen - or if deceased, was a citizen at the time of his death - is entitled, upon application to the registration authorities by his or her parent or guardian, to be registered as a citizen.
Article 15A states that the federal government may, in special circumstances as it sees fit, cause any person under the age of 21 years to be registered as a citizen.
Previously, it was reported that the Attorney-General's Chambers objected to the suit on grounds that it should have been filed by way of a judicial review, and thus it was filed out of time.
Article 14(1) states that a person is a citizen if born within the federation on or after Independence Day.
Article 15(2) states that any person under the age of 21, whose father is a citizen - or if deceased, was a citizen at the time of his death - is entitled, upon application to the registration authorities by his or her parent or guardian, to be registered as a citizen.
Article 15A states that the federal government may, in special circumstances as it sees fit, cause any person under the age of 21 years to be registered as a citizen.
Previously, it was reported that the Attorney-General's Chambers objected to the suit on grounds that it should have been filed by way of a judicial review, and thus it was filed out of time.
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