KUALA LUMPUR: An Indonesian woman is seeking leave from the Federal Court to appeal against the Court of Appeal's decision, which rejected her application for declaring her now 14-year-old second son to be a Malaysian citizen.
The woman in her 40s filed a notice of motion at the Federal Court on Dec 23, naming the Director-General of the National Registration Department (NRD) and the Government of Malaysia as respondents.
According to the notice obtained by the media on Thursday (Oct 5), the woman is appealing against the entire decision of the Court of Appeal on 29 November, presenting five legal questions.
Lawyer A Srimurugan, representing the woman, confirmed the matter when contacted by reporters.
The case involves an Indonesian woman who married a Malaysian man in 2000 and has two sons born in 2004 and 2010.
Both children were registered as the woman's husband's sons, and birth certificates were issued to them.
When the second child turned 12, he applied for a Malaysian identity card (MyKad), but his case was referred for further investigation after authorities found no physical resemblance between the child and the man.
During the investigation, the man admitted the teenager was not his biological son and refused a DNA test.
This led to the seizure of the birth certificate and postponement of the MyKad issuance due to the ongoing investigation.
The woman then filed an originating summons in the High Court against the Director-General of the NRD and the Government of Malaysia, seeking a declaration that her son is a Malaysian citizen and an order to compel NRD to return the birth certificate and issue a MyKad.
In October last year, the High Court dismissed the woman's originating summons, and the Court of Appeal upheld this decision on Nov 29.
