KUALA LUMPUR, Feb 15 — The Court of Appeal today unanimously decided that it was correct to declare a 15-year-old girl born in Perak — to a Malaysian father and Filipino mother — as a Malaysian citizen.
Court of Appeal judge Datuk Gunalan Muniandy, who read out a three-judge panel’s brief judgment, said the High Court was correct in deciding in 2019 to recognise the girl as a Malaysian citizen.
Gunalan dismissed the government’s appeal against the High Court’s recognition of the girl as a Malaysian citizen.
“In our judgment, the learned High Court judge had interpreted the law correctly and appreciated the facts before her in coming to the decision,” the judge said.
“We do not agree with the respondents that the judge had erroneously construed the Articles of the Federal Constitution and Second Schedule before arriving in her decision and making the orders against the respondents. Therefore in our considered view, there was no clear error of fact or law in the learned High Court judge’s judgment.
“We accordingly are inclined to conclude there are no merits in this appeal, which is hereby dismissed with no order as to costs,” the judge said.
The Court of Appeal panel was chaired by Datuk Seri Kamaludin Md Said, while judge Datuk Vazeer Alam Mydin Meera was also on the panel.
The High Court had on May 2, 2019 declared that the girl — who would be 13 that year — is a Malaysian citizen by operation of law under Article 14(1)(b) of the Federal Constitution, and directed for a citizenship certificate and identification card to be issued to her.
With the Court of Appeal today unanimously upholding the High Court’s decision, this would mean the High Court orders for the girl to be issued a citizenship certificate and identification card would still stand.
MORE TO COME
- malaymail
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