KUALA LUMPUR: The High Court here today ordered that a 15-year-old girl born to a Malaysian father and a Myanmar woman be issued with citizenship papers.
Judge Noorin Badaruddin, in allowing a judicial review by the 41-year-old father and the girl, also ordered for the stateless status in her birth certificate to be changed.
Noorin also granted a mandamus order that the National Registration Department (JPN) and its director-general issue the girl a MyKad.
The judge granted RM5,000 costs to the father and daughter, whose identities are kept confidential at their request .
Lawyer N Surenthra Ananth, who represented the two applicants, said the declaration was granted under Section 1(e) of Part II of the Second Schedule to the Federal Constitution.
The child was born here in 2007 but the father subsequently married a Malaysian woman and formally adopted her.
They applied for the child to be granted citizenship under Article 15A of the constitution but it was rejected by the home minister.
Eventually, they filed a judicial review two years ago for her to be declared a citizen under Sections 1(a) or 1(e) of Part II of the Second Schedule to the constitution.
Surendra, who was assisted by Calvin Khoo, said the main argument was that under Section 1(e), the girl was only required to show that she was born in Malaysia and was not a citizen of another country.
He said the birth certificate showed that she was born in Kuala Lumpur.
He said the applicants also adduced the relevant law in Myanmar which showed that she was not entitled to Burmese citizenship by operation of law
Senior federal counsel Liew Horng Bin acted for the government. - FMT
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