Overseas Born Children Of Malaysian Mums And Foreign Dads Entitled To Automatic Citizenship Court

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Children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship, ruled the Kuala Lumpur High Court.
Judge Akhtar Tahir today allowed a lawsuit that seeks a declaration that Malaysian women married to foreign spouses can automatically get citizenship for their children who are born overseas.
The legal action was filed by six Malaysian mothers and rights group Family Frontiers on Dec 18 last year.
When contacted, lawyer Joshua Andran, who acts for the Malaysian mothers and the non-governmental organisation (NGO), confirmed the decision by the High Court today.
During online proceedings earlier today, Akhtar ruled that Malaysian women (married to foreign men) have the same right as Malaysian men married to foreign women, to confer citizenship by operation of law on their children born overseas.
The judge said this is due to the harmonious reading of Article 8(2) of the Federal Constitution, read together with Article 14(1)(b) of the Federal Constitution which is also read with Section (1)(b) of Part II of the Second Schedule of the Federal Constitution.
He ruled that a reading of all these provisions together prohibit discrimination based on gender when it comes to conferment of citizenship.
He emphasised that the courts are empowered to interpret the law to uphold the spirit of the Federal Constitution and ensure justice.
He noted that the lawsuit 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 grievances of the plaintiffs are real… the discrimination is apparent,” he said.
[More to follow] - Mkini

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