PUTRAJAYA: The Federal Court has postponed to Jan 27 the hearing of an appeal for citizenship of children born overseas to Malaysian mothers with foreign spouses.
The court said the adjournment was to give time for both parties to reach an agreement on the matter.
The appeal was brought before a five-judge panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat here on Tuesday (Dec 10).
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Other judges on the bench were Justices Tan Sri Amar Abang Iskandar Abang Hashim, Tan Sri Nallini Pathmanathan, Datuk Nordin Hassan and Datuk Hanipah Farikullah.
Earlier, Senior Federal Counsel Liew Horng Bin told the court that the government was committed to a favourable result that is expedited for citizenship applicants.
Both parties have drafted an agreement but the terms will need final consent from the Home Minister, Liew added.
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Datuk Dr Gurdial Singh Nijhar, counsel for the appellant Family Frontiers, an NGO, said his client's position is for all children born overseas to Malaysian mothers to be granted citizenship by operation of law.
Although the recent amendment to the Federal Constitution now allows for citizenship to be conferred on these children, it does not cover the large number born before the changes were made, he told reporters after the proceedings.
"We are working out (matters) with the Attorney General's Chambers to accommodate citizenship for these children, on an expedited basis," he said.
On Dec 14, 2022 the Federal Court granted leave for appeal by Malaysian mothers whose children are born overseas.
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The appeal hearing was set for June this year but was postponed till today to allow the passing of the Constitution (Amendment) Bill 2024 in the Dewan Rakyat.
The Bill was passed on Oct 17 by a two-thirds majority which granted automatic citizenship to children born abroad to Malaysian women with foreign spouses, albeit not applicable retrospectively.
Family Frontiers president Suriani Kempe and six other mothers are appealing the Court of Appeal decision in August last year that reversed a High Court decision granting citizenship to these children.
