Court maintains suit seeking automatic citizenship for children born overseas

 

The Kuala Lumpur High Court has maintained a suit by six Malaysian mothers and rights group Family Frontiers who seek automatic Malaysian citizenship for children born overseas to Malaysian mothers and foreign fathers.

The court this morning dismissed an application by the government to strike out the suit initiated by the seven plaintiffs.

In dismissing the striking-out bid with no order to cost, judge Akhtar Tahir ruled that the legal action involves an important issue that is not frivolous.

The judge noted that the matter involves the issue of discrimination in the country's citzenship laws against Malaysian mothers, which the government needs to give justification during the full hearing of the suit.

He set June 30 to hear the originating summons by the seven plaintiffs.

The six mothers and Family Frontiers are represented by counsel Gurdial Singh Nijar.

Senior federal counsel Mazlifah Ayob from the Attorney-General's Chambers appeared for the government in the proceedings.

Through the legal action filed on Dec 18 last year, the seven plaintiffs had sought a court declaration that Malaysian women married to foreign spouses can automatically get citizenship for their children born overseas.

This came after the government refused to budge on allowing the children of these mothers to be eligible for citizenship. The government is the defendant in the suit.

Today was set for a High Court decision on an application by the government to strike out the legal action over it being allegedly “troublesome and frivolous”.

The judge also allowed the plaintiffs’ application to add the home minister and the National Registration Department director-general, as two additional defendants in the suit.

Family Frontiers president Suriani Kempe

When met by the media after the proceedings, Family Frontiers’ president Suriani Kempe said the group and the six mothers welcomed today’s decision.

“We are very pleased with the decision. We are excited that Malaysian women’s voices will finally be heard in court on this issue, and we look forward to the day when the court hears the merits of the case,” Suriani said while accompanied by four of the plaintiffs.

Present to give support to the plaintiffs was former women, family and community development deputy minister Hannah Yeoh, who reminded the government that the reintroduced movement control order in parts of the country has affected similar citizenship applications by families in Malaysia.

“We ask the Home Ministry, especially the home minister, to place the family institution as a priority, and not spend time politicking, as every day wasted on such issue, a family is affected out there. It affects the wellbeing of our children,” the Segambut MP said.

Former deputy education minister Teoh Nie Ching was also there to show support and described the court's decision as an early Mother’s Day present for Malaysian mothers.

“The decision is a very good early Mother’s Day present, and we look forward to the hearing on June 30,” the Kulai MP said. - Mkini