PUTRAJAYA: Children under 18 born to Malaysian mothers overseas can now apply for citizenship under Article 15(2) of the Federal Constitution, following a settlement in an appeal at the Federal Court by an NGO and a group of six Malaysian mothers.
Lawyer Datuk Dr Gurdial Singh Nijar, who represented the appellants, informed a five-judge panel chaired by Chief Justice Tengku Maimun Tuan Mat that the appellants and the government have come to an agreement over the matter.
He said a series of discussions took place between parties after the last court proceedings.
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"Parties have now reached an agreement and we seek for the court to record a consent judgment.
"With this consent order, the appellant would withdraw its appeal without any order as to costs," Gurdial said here on Monday (March 10).
Senior Federal Counsel Liew Horng Bin confirmed the matter. He told the court that in the event of a discrepancy between the English and Bahasa Malaysia texts in the agreement, the Bahasa Malaysia version prevails.
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The consent judgment sighted by the media was endorsed by the Chief Justice during the proceedings.
Other judges on the bench were Court of Appeal president Justice Amar Abang Iskandar Abang Hashim, and Federal Court judges Justices Nallini Pathmanathan, Nordin Hassan and Hanipah Farikullah.
On Dec 14, 2020, the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) president Suriani Kempe and the six Malaysian women filed the suit, seeking six specific court orders including a declaration that Section 1(b) and Section 1(c) be read harmoniously with Article 8(2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.
The group is also seeking, 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 (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.
On Sept 9, 2021, the High Court ruled that children from Malaysian mothers born overseas were entitled to citizenship by operation of the law. The decision subsequently was overturned on Aug 5, 2022, in a 2-1 decision at the Court of Appeal.
The appellate court ruled that children born overseas to Malaysian mothers with foreign spouses were not entitled to an automatic citizenship.
On Oct 17, 2024, the Constitution (Amendment) Bill 2024 was passed in the Dewan Rakyat by a two-thirds majority which granted automatic citizenship to children born abroad to Malaysian women with foreign spouses, albeit not applicable retrospectively.
