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Key Policy Change

The age limit for citizenship applications made under Article 15A of the Federal Constitution will officially be reduced from 21 years old to 18 years old.

The new policy will take effect from 1 June.

Practical Impact on Affected Applicants
Applicants at the 18-Year Threshold (Borderline Cases)

If an application is submitted before the applicant reaches 18 years of age but is subsequently rejected, the applicant will permanently lose eligibility to apply under Article 15A.

Once the age limit has been exceeded, a fresh application under Article 15A can no longer be made.

Parties to the Lawsuit & Legal Basis

Court Action Against:

When commencing legal proceedings, the respondents are typically the Director General of the National Registration Department (JPN) and the Government of Malaysia.

Core Legal Basis:

The primary legal foundation relied upon is Article 14(1)(b) of the Federal Constitution.

What is Article 14(1)(b) of the Federal Constitution?

This provision states that:

Any person born after Independence Day (31 August 1957) who satisfies any of the conditions set out in Part II of the Second Schedule is entitled to citizenship by operation of law.

Two Main Pathways to Resolve Statelessness

Two Available Options:
Whether a child is stateless from birth or has had citizenship revoked after previously obtaining it, there are generally only two available avenues:

Administrative Application
Court Proceedings

Focus of This Episode:
Today, we will focus on how to submit an administrative application through the National Registration Department (JPN).

Situations That May Trigger a BSK Investigation

Any situation involving the falsification or misuse of JPN documents may trigger an investigation, including:

Fake identity cards
Fake birth certificates
Reports or complaints made by third parties

Once suspicious circumstances are identified, the investigation unit may open an investigation file, issue a notice requiring cooperation, or even actively locate the individuals involved.

Common Scenario: Passing Off a Child as a Biological Child to Obtain a Birth Certificate

Many people assume that once the registration is successfully completed, the matter is settled.

Contents and Purpose of the Letter

The letter will require the parents to bring along their identity cards, the child’s birth certificate, and other relevant documents. The purpose is to verify the authenticity of the documents used for the birth registration process.

The child must also be present, as the authorities will verify whether the fingerprints and facial photographs match the records previously registered.

DNA Testing Is the Key Issue

Many parents attempt to explain why the child does not resemble them, such as claiming the child inherited features from grandparents or resembles a deceased relative.

What Is BSK?

BSK is the Investigation and Enforcement Division under the National Registration Department (JPN).

Its primary role is to investigate offences and suspected violations under the relevant registration laws and regulations.

Main Functions

Investigating suspicious documents and their usage

Handling complaints from members of the public

Conducting joint operations with other government agencies, such as the Police and Immigration Department

Referring cases for prosecution in court upon completion of investigations