Citizenship despair for boy, 8, caught in a legal catch-22

While there was joy for the three stateless children who obtained citizenship from the Home minister today, there was only despair for the father of an eight-year-old boy born to a Malaysian father and Filipino mother.

The Court of Appeal refused to grant Malaysian citizenship to the boy identified only as “B” and who will turn nine in September ruling that he has a Philippines passport and that Malaysians cannot have dual citizenship.

The boy was born outside the country though DNA tests confirm that the father is Malaysian.

The three-member Court of Appeal bench led by Justice Abdul Rahman Sebli thus dismissed the boy's appeal though it noted that the child had lived in Malaysia since he was five months old.

Lawyers Francis Pereira and Sharmini Thiruchelvam who appeared for the boy's family said that although the child was not stateless, his plight to get Malaysian citizenship was not in any way less arduous.

"He has lived in Malaysia with his biological parents since he was five months and knows nothing of life in the Philippines. His home is Malaysia," they said.

The lawyers pointed out that the Federal Constitution does recognise that a child born outside the Federation can be a Malaysian citizen by operation of law if certain prerequisites are fulfilled.

'Passport required'

"However being born outside the Federation would entail the child obtaining relevant legal travel documents to enter the country lawfully," Pereira said.

"Having been born outside the Federation, 'B' had to come into Malaysia legally to live with his parents. He naturally had to apply for a passport to travel legally to Malaysia," they said.

Both lawyers agreed that the child could not hold dual citizenship but they told the court that it could declare the boy a Malaysian citizen subject to him giving up his Philippines citizenship.

"It is further noted that the National Registration Department's application form for citizenship requires “entry permits or a passport or other travel documents” to be submitted when making such an application," the lawyers said.

They added that having a Philippines passport shouldn't be a hindrance to the boy's application. - Mkini