2019 Statelessness & Citizenship Review 1(1) Subsection 2(3) then provides an interpretive guide for s 1(e) in that a person ‘who is not born a citizen of any country otherwise’ includes persons, born in Malaysia, who have not acquired citizenship within one year after their birth. The failsafe provision, however, has not been interpreted in this way. The Malaysian Government has interpreted the words, ‘who is not born a citizen of any country otherwise’ as a requirement to assess whether a stateless person has explored obtaining alternative citizenship, especially where one parent is suspected or known to be a foreigner. 57 Some interpret the provision as not including the requirement to look for a parental or blood link and the plain language meaning and interpretation of these provisions certainly appear not to call for such a link. 58 Registration (as opposed to an application for citizenship) also provides a means to acquire citizenship. Registration, however, is not a means to obtain citizenship automatically (by operation of law). Certain requirements must be met as well as a positive discretion on the part of the Minister of Home Affairs or his delegate. While there are several provisions detailing the requirements, of note is art 15A of the Federal Constitution. This provision is sometimes seen as another failsafe mechanism for children who may not otherwise qualify for citizenship. It provides: Subject to Article 18, the Federal Government may, in such special circumstances as it thinks fit, cause any person under the age of twenty-one years to be registered a citizen. 59 Article 15A provides wide discretionary powers to the Minister of Home Affairs to grant citizenship to anyone less than 21 years old. While this may seem like a viable method to apply for citizenship, a decision made via art 15(A) is only applicable to children, is at the whim of the Minister and is not as powerful as gaining citizenship by operation of law (where one is entitled and is automatically conferred citizenship). Article 15(A) provides precarious citizenship, however, as it is subject to revocation. With this brief overview of the citizenship framework, the next section discusses how, under these laws, persons may be rendered administratively stateless. 57 58 59 See, eg, Than Siew Beng & Anor v Ketua Pengarah Jabatan Pendaftaran Negara & Ors [2015] MLJU 2059 (Unreported, High Court of Malaya, Asmabi Mohamad J, 16 November 2015) 10–13; Than Siew Beng & Anor v Ketua Pengarah Jabatan Pendaftaran Negara & Ors [2017] 5 MLJ 662 (David Wong, Badariah Sahamid and Harmindar Singh JJCA) (Court of Appeal); See, eg, Appendix Table 2, Interview with 5L. Federal Constitution (Malaysia) art 15(A). 106