Malaysian Citizenship & Stateless Children Series | Latest Updates on Citizenship Court Cases

🏢 Route 1: Application Through JPN Counter (Conventional Route)

📌Where to Apply

State JPN Headquarters, or the JPN Headquarters in Putrajaya.

📌Processing Time

Once submitted, applicants have no control over the process. At present, the average waiting period is approximately 2 to 3 years.

📌If the Application Is Rejected

If the application is rejected, there is generally no separate appeal channel. The applicant will need to prepare the necessary documents and submit a fresh application.

⚖️ Route 2: Court Proceedings (Judicial Review / Court Declaration)

📌Applicable Situations

After waiting for years without any outcome at the JPN counter, or after facing repeated and unreasonable rejections, parents may choose to commence court proceedings by applying for judicial review to challenge the reasonableness of the Ministry of Home Affairs’ decision, or to seek a court declaration on citizenship.

📌Practical Outcome

The result depends on the specific facts of each case. Some applicants succeed in obtaining citizenship, while others may not.

🛡️ Key Points Considered by the Court

📌Factual Basis

The applicant possesses a DNA report conclusively establishing the biological relationship between the child and the Malaysian citizen father. In addition, the child has never left Malaysia since birth and has never applied for or held any foreign passport.

📌Article 14(1)(b) of the Federal Constitution and Part II, Second Schedule, Paragraphs (a) and (e)

(a) A person born within the Federation whose parent is, at the time of birth, a citizen or permanent resident shall become a citizen by operation of law.

(e) A person born within the Federation who has not acquired citizenship of any other country (i.e. a stateless person) shall become a citizen by operation of law.

📌Federal Court Precedent (CCH Case)

The Federal Court affirmed the principles of jus soli (citizenship by birthplace) and jus sanguinis (citizenship by descent). The Court held that citizenship acquired by operation of law is a constitutional right, and government authorities do not possess discretionary power to refuse it arbitrarily.

📌Key Issue in Dispute

Should the legal definition of “parent” include a biological father who was not legally married to the child’s mother? A child should not be deprived of Malaysian citizenship merely because the foreign mother and Malaysian father did not register their marriage.

⚠️ Practical Reality After Winning the Case (Can You Immediately Obtain an IC?)

📌Usually Not Immediately

Winning at the High Court does not necessarily mean the matter has been conclusively resolved, and applicants are generally unable to obtain an identity card immediately.

📌Appeal by the Attorney General’s Chambers

In most cases, the Attorney General’s Chambers, acting on behalf of the Government, will file an appeal and simultaneously apply for a stay of execution of the High Court’s decision pending the outcome of the appeal.

📌What Happens Next

This means the applicant must continue with proceedings before the Court of Appeal and incur additional time and legal costs to deal with both the appeal and the stay application.