Children born overseas to Malaysian mums eligible for citizenship, rules court in landmark decision

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PETALING JAYA: Malaysian mothers with a foreign spouse can now automatically pass on their citizenship to their children born outside Malaysia after a landmark Kuala Lumpur High Court ruling.

The Court ruled on Thursday that Article 4 of the Federal Constitution together with the Second Schedule, Part II, Section 1, pertaining to citizenship rights, must be read in harmony with Article 8, which prohibits discrimination on the basis of gender.

He said the case does not seek to change policy but rather to apply existing law in a way that will find a remedy for the grievance of the plaintiffs. The President of Family Frontiers Suri Kempe said they were thankful for this outcome and it was a huge relief for affected mothers because this judgment applies not just to the mothers directly involved in the case as plaintiffs, but to all Malaysian mothers who are similarly affected.

The group sought, among others, a court order for all relevant government agencies including the National Registration Department, the Immigration Department and Malaysian embassies to issue citizenship documents to children born abroad to Malaysian mothers with foreign spouses.

 

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