Never Give Up Joy For Two Women Who Finally Get Their Mykad At Ages 41 And 27
Malaysian mothers fighting for the rights of their children. — Picture by Choo Choy MayKUALA LUMPUR, Feb 20 — Malaysia has finally recognised Johor-born woman Tan Soo Yin and a Malaysian mother’s India-born daughter Mahisha Sulaiha Abdul Majeed as citizens at the ages of 41 and 27, ending their five-year court struggles and decades-long wait to belong.
Last month, the two finally received the blue Malaysian identity card or MyKad, which not only is documentary proof of their citizenship but also unlocks the opportunity to a better life in the country.
Tan’s story: Born in Malaysia, raised by a Malaysian
Born in Yong Peng, Johor to unknown biological parents in December 1983, Tan was sold as a baby by her biological mother to her Malaysian foster mother, with her birth registered in January 1984.
Tan only had two years of primary education before being made to work at home and at a plantation, and had left for Kuala Lumpur in her teenage years to work.
Having spent her whole life in Malaysia as a stateless person, she said her new official status as a Malaysian was the start of a new chapter.
“Finally, after forty years living here, I’m recognised as a Malaysian,” she told Malay Mail via her lawyers.
Tan said she was “very happy” and felt “relief” when she received her MyKad on January 20, adding that she has “no more worries anymore”.
The very first things that Tan wants to do as a Malaysian with a MyKad is to open a bank account, get a driving licence, apply for a passport, and secure formal employment.
“No more embarrassing moments only having a green IC,” she said, referring to the green-coloured identity card called MyKas which the National Registration Department (NRD) issues to “temporary residents” in Malaysia.
Previously, Tan had to renew her MyKas every few years, and had run into challenges without a MyKad, such as difficulties getting hired. Some potential employers doubted her MyKas card’s validity while others would exploit her by offering to pay her less or withhold her salary.
In December 2018, Tan tried to apply for Malaysian citizenship under the Federal Constitution’s Article 19 (to be a naturalised citizen), but the NRD refused to even give her the application form as her birth certificate had no information on her biological parents.
In April 2019, Tan filed a court case seeking to be declared a Malaysian and issued a MyKad. Tan lost at the High Court on September 24, 2020, and again at the Court of Appeal on November 22, 2022.
While the Federal Court was ready to hear Tan’s appeal on December 10, 2024, the hearing was rescheduled to January 27 as the government had offered to settle several ongoing citizenship cases including Tan’s and Mahisha’s.
On December 20, Tan submitted her first-ever citizenship application under Article 19.
Everything else happened within weeks: Tan’s citizenship application was approved on January 9, and the NRD on January 20 issued her with both a certificate of citizenship and a MyKad.
Since she was recognised as a Malaysian and issued with a MyKad, Tan withdrew her appeal at the Federal Court on January 22. Tan’s lawyers are Raymond Mah and Kirthika Padmanapan.
To those in a similar predicament, Tan had this simple message: “Trust in the kindness of the Malaysian people/government. Never give up!”
Mahisha’s story: Born to a Malaysian mother outside of Malaysia; and now pure joy and gratitude
Mahisha was born in October 1997 in India to a Malaysian mother and an Indian national father, and the family returned to Malaysia in 2005.
Because Mahisha’s two younger siblings were born in Malaysia, they are citizens.
Since the age of 11 in 2008, Mahisha has applied to be a Malaysian citizen a total of four times, but all were rejected. The government’s last rejection came 10 days before she turned 21.
Her four citizenship applications were made under the Federal Constitution’s Article 15(2), which comes with an age limit of 21 years old.
Based on multiple citizenship cases previously, it could take years before the government even decides on such applications, which closes the time window more each time.
On November 18, 2024, the NRD invited Mahisha to apply for citizenship under the Federal Constitution’s Article 19, which is for those seeking to be naturalised Malaysian citizens.
She submitted her first-ever Article 19(2) application at the NRD’s Putrajaya headquarters on November 22.
On December 6, the NRD approved Mahisha’s citizenship application. She recalled being “completely speechless” when the Home Ministry asked to collect the decision letter from its office.
“To be honest, at that moment, it still didn’t feel real because my family and I had faced so many rejections over the past 27 years. The struggle and stress we endured throughout my life made it hard to believe,” she told Malay Mail via her lawyers.
“When I went to collect the letter, they asked me to read it first. For the first time in my life, I saw the word ‘Lulus’ (Approved), and at that moment, I couldn’t thank my legal team and Minister Saifuddin enough for making this process easier for me,” she said, referring to her lawyers and Home Minister Datuk Seri Saifuddin Nasution Ismail.
“This was the most awaited moment of my life, and I can’t express it in words. It felt just like the moment I held my firstborn in my arms-pure joy and disbelief,” she said.
The NRD then issued Mahisha with a certificate of citizenship on December 16, and her MyKad on January 10.
“When I heard my number being called and received my IC, that was the moment I truly believed everything happening around me was real. I was finally a Malaysian. Now, I can be with my family without fear or uncertainty,” she said.
Asked how her life would change now that she is officially a Malaysian, Mahisha said: “The biggest change is that I can finally be with my family without fear. For years, we lived in constant worry that I might be forced to leave Malaysia after turning 21.
“The thought of being separated from my parents was terrifying, especially since we had no close relatives in India.
“But now, justice has been served, and I can finally live in peace as a Malaysian,” she said.
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Mahisha in December 2019 filed a court case to seek for a citizenship declaration and a MyKad. — Picture courtesy of Mahisha Sulaiha Abdul Majeed
A chance to give back to Malaysia
Having returned to Malaysia at age eight, Mahisha spoke of the difficulties she faced: “Throughout my life, I was mocked in school for not being a Malaysian, and I lost many opportunities to study because my father wasn’t financially stable at that time. Despite having big dreams, I faced many limitations.”
“After completing my studies, I always wanted to achieve something on my own and create business opportunities for women. Now that I have obtained my citizenship, I own my own herbal beauty company, and it is doing very well.
“In the future, we are expanding into a manufacturing unit to create more job opportunities for Malaysians. I can now proudly serve the nation with full gratitude,” she said.
Mahisha in December 2019 filed a court case to seek for a citizenship declaration and a MyKad. The High Court on May 21, 2020 dismissed her case, and the Court of Appeal in a 2-1 decision ruled against her on August 5, 2022.
Like Tan, Mahisha withdrew her appeal at the Federal Court on January 23 as she is now a Malaysian. This took place before the rescheduled January 27 hearing date.
Mahisha was represented by lawyers Datuk Cyrus Das, Raymond Mah and Agalya J. Munusamy.
For those still seeking to be recognised as Malaysians, Mahisha assured them that they do not need to worry as long as they have proper documentation: “If you stay true to the government, follow the law, and trust the process, you will eventually get the recognition you deserve.”
“The most important thing is to never stop trying. My parents never gave up. No matter what discouraging things they heard about citizenship, they kept going, gathering information, and doing everything they could. Without their relentless efforts, I don’t think this would have been possible.
“So, my advice is to stay updated, have all the necessary documents, and seek legal advice from experienced professionals when needed. Persistence and patience will lead you to success,” she said.
Lawyers for Tan and Mahisha told Malay Mail: "We are equally happy for our clients who have accomplished what they set out to do. The security provided by their citizenship and IC is all they have ever wanted." - malaymail
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