Plight of stateless children now reaches Federal Court

The plight of stateless children - children born in Malaysia but are not given citizenship here or in any other country - has now finally made its way to the Federal Court, the highest court in the country, for possible final determination.

This follows the apex court granting leave today for three separate cases of stateless children to be appealed. The adoptive parents or the biological parents want the court to determine the terms for granting those affected their citizenship.

A three-member bench led by Federal Court judge Hasan Lah granted leave for the three cases today.

The other two judges were Justice Zainun Ali and Justice Abu Samah Nordin.

This is the first time that the apex court will decide on the issue of stateless children or people in Malaysia, based on questions of law.

The outcome of these three cases will have a major impact on the rights of stateless children or people, whom Padang Serai MP N Surendran said are in the thousands in Peninsular Malaysia alone.

Two of the cases were brought by senior lawyer and former Federal Court judge Gopal Sri Ram, who appeared together with Surendran and Latheefa Koya.

In the case of the application by Lim Jen Hsiang and that of another applicant, who now wants to remain anonymous, the apex court allowed one question of law to be posed.

The question from the two cases is whether the principle of jus sanguinis, or reference to blood or lineage, is a requirement under Section 1(e) of Part II of the Second Schedule of the Federal Constitution.

The other case was brought by senior lawyer Cyrus Das and Raymond Mah, where the court allowed seven questions of law is to be decided.

[More to follow]

-Mkini