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Saturday, 26 November 2016

Having a Malaysian Biological Father and being Born In Malaysia still is not enough to get citizenship for 8 year old

Boy, 8, fails court bid for citizenship



     
    KUALA LUMPUR: An eight-year-old boy failed to get his citizenship through his guardian after the death of his adoptive father.
    Lawyer K.P. Tan became the guardian of the boy as per the will of the adoptive father.The boy - Yu Sheng Meng - had originally filed his court papers through his adoptive father Yu Meng Queng, 62, who died in August from leukaemia.
    The adoptive father was also a partner of a law firm and a single parent.
    Tan, the law firm partner, later became the substitute litigation representative on the citizenship of the boy later.
    High Court judge Justice Nik Hasmat Nik Mohamad dismissed the lawsuit Friday on grounds that the Home Minister has the discretion to decide on the boy's citizenship.
    Speaking to reporters after the decision was delivered in chambers, the boy's lawyer Annou Xavier said the judge ruled that the minister does not have to give reasons for refusing to give citizenship for the boy because he follows policy considerations.
    "We don't know what is the policy involved. The judge said it is the minister's discretion ... He has the ultimate power," he said.
    Xavier said the judge did not accept his contention that the Federal Government may in special circumstances allow the boy to be registered as a citizen under Article 15A of the Constitution.
    "In Malaysia, we don't have Citizenship Act. We have to follow the Federal Constitution," he said, adding that he will seek further instructions from his client whether to appeal against the court's ruling.
    Xavier said his client has been ordered to pay RM4,000 in costs.
    Sheng Meng's biological mother is an Indonesian named Sania Ananda while his biological father is Malaysian Yap Boon Kheng.
    The boy, who was born on May 19, 2008, in Penang, wanted a court order to declare that he is a Malaysian on grounds that he was born in the country.
    He also applied for a declaration that he is a Malaysian under Article 15A and Article 15(2) of the Constitution.
    He also applied to the court to direct the Government and two others to issue him a birth certificate and an identity card within 21 days of the order.
    Besides that, he applied for damages, including exemplary damages.
    Xavier said the boy was adopted under a valid order dated Sept 24, 2008, issued by the George Town Sessions Court.
    His two previous applications for citizenship were rejected by the Ministry.
    In the originating summons filed on June 11, 2014, the boy named the National Registration Department director-general, the ministry secretary-general and the Government as defendants.

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