KUALA LUMPUR, Oct 18 — The High Court in Kuala Lumpur has declared a 15-year-old autistic boy — who was born in Sabah to a Malaysian father — as a Malaysian citizen, and has...
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The boy’s status as a non-citizen of Malaysia has resulted in multiple challenges, including having to pay higher hospital fees. In an affidavit or sworn statement filed in court, the father said an attempt to register his son’s birth with the Malaysian government in 2008 was unsuccessful due to the lack of a marriage certificate for the couple.In December 2013, the father became legally married to the child’s biological mother at the Sabah Islamic Religious Affairs Department , which then issued a marriage certificate.
Article 15A comes with an age limit, as it empowers the Malaysian government to register anyone aged below 21 as a citizen when there are “special circumstances”. According to the father, the boy had suffered mental and emotional distress when he started schooling as he was mocked by schoolmates for having a birth certificate stating that he was not a Malaysian, and the schoolmates also labelled him as a foreigner.
The school would also question his son’s citizenship status every time a new school year began as he is stateless, the father said. But the father produced in court a March 6, 2023 document from the Philippine Embassy in Kuala Lumpur, which certified that the boy’s birth has never been reported to the embassy and has never applied for a Philippine passport from the embassy.
Lawyer Larissa Ann Louis confirmed that the High Court judge had said that the NRD recognised the boy’s biological father as stated in the child’s birth certificate and hence the child had fulfilled the Section 1 requirements to be a Malaysian citizen. — Picture by Miera Zulyanathat the judge had said the High Court was bound by the Federal Court’s November 2021 decision in a citizenship case dubbed the CCH case.
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