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Tuesday, December 13, 2016

Leave granted for dad’s judicial review bid for daughter to get IC

The Kuala Lumpur High Court has today granted leave to a 53-year-old father from Sungai Siput, who hopes his 10-year-old daughter from a Filipina wife would be given an identity card (IC).
Justice Hanipah Farikullah granted leave (permission) to hear the full merits of the judicial review application by Liew Yee Hong for the daughter.
“The application is not frivolous and vexatious and leave is granted as it involves constitutional issues related to Article 14 and 15A of the Federal Constitution,” the judge ruled in chambers.
Liew, who is the plaintiff, was represented by lawyer Annou Xavier.
He and her daughter named the secretary-general of the Home Ministry, the director-general of the National Registration Department (NRD) and the Malaysian government as respondents.
They are seeking a declaration of certiorari (to quash) a letter dated Aug 5, this year which rejected the daughter’s application for citizenship. The two are also seeking a mandamus order to compel the respondents to issue citizenship to the daughter.
They are also seeking a declaration that by legal operation of Article 14 (1) (b) or Article 15, the daughter can be a citizen.
Article 15A states that subject to Article 18, the government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered as a citizen.
In Liew’s supporting affidavit, he said that her daughter was not given citizenship as he only registered his marriage with Perlita Martin Diaz only on Jan 31, 2008.
He said that he made an application in Feb 20, 2008 for their daughter to get citizenship but was rejected.

Liew made a second application at the Ipoh NRD office on Oct 12, 2011 but it was also rejected via a letter from the department on Dec 17 that same year.
He again tried to apply on Sept 9, 2013 and in a letter dated Aug 5, this year, it was rejected for the third time.
The plaintiff has also done a DNA test that verifies he is the lawful father.
He is making the application to ensure his daughter could receive proper education up to university level by obtaining citizenship. Liew further claims that as a result of not being granted citizenship, his daughter had been ridiculed by her friends.- Mkini

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