2019
Statelessness & Citizenship Review
1(1)
citizen. 97 This is especially true of children born to unwed parents where the
mother does not have Malaysian citizenship and the father does have Malaysian
citizenship. 98 Reported case law also shows stateless cases dealing with children
born before a marriage takes place or is registered. 99 I spoke with several people
in Malaysia exhibiting such examples.
2S spoke about how she could not acquire citizenship despite the fact her
father was a Malaysian citizen because her mother was stateless and her parents’
marriage could not be registered due to the fact the mother is stateless. 100
4S is the father of five children from two relationships. One of his children is
stateless. 4S is a Malaysian citizen and his second wife is an Indonesian citizen.
4S told me that he was pursuing a divorce with his first wife at the time he met
and engaged a relationship with his second wife. Before his divorce was
finalised, and therefore, before he could marry his second wife, one of his
daughters was born in Malaysia. Because he was not married to his second wife,
and because his wife is not a Malaysian citizen, his daughter could not benefit
from acquiring Malaysian citizenship from her Malaysian father. 4S told me the
registration of his marriage in Malaysia took approximately one year to complete
and it required traveling to Indonesia twice to acquire the appropriate
documentation. After registering his marriage, he tried to apply for citizenship
for his daughter but the registration office advised him, at different times, to
adopt his daughter, to seek legal advice, and to wait until his daughter is 12 years
old when she is eligible for an identity card. 4S told me his daughter was born in
2005 and, in 2015, he applied for citizenship on her behalf. This application was
rejected. In 2016, he applied for citizenship for his daughter again. She is
currently still waiting for a decision and has not been able to attend school
because the school requires a passport for his daughter to attend. 4S explained
that his daughter has never been to Indonesia and has lived her entire life in
Malaysia. 101
9S is a woman who is a Thai citizen and has three children born in Malaysia,
one of which is stateless. 9S was married to a Chinese person who had
Malaysian citizenship. He passed away one year ago. 9S stated her oldest child,
who is 17 years old, is stateless because she was born after her marriage was
registered. 9S said she attempted several times to register her marriage before her
oldest child was born but that the registration office did not believe her marriage
certificate from Thailand was authentic. 9S had to make several attempts with
her certified and translated marriage certificate to get it registered. Her two
younger children have citizenship because they were born after the marriage was
registered. 9S indicated that she tried to apply for citizenship for her daughter
twice previously and that both applications were rejected. She submitted another
application for citizenship in January 2018 and is waiting for a reply. 102
11S (Malaysian citizen of Chinese ethnicity) is a father of a child who is
stateless because his marriage to an Indonesian woman was not registered before
97
98
99
Appendix Table 3, Interview with 6NGO.
Appendix Table 3, Interview with 1L.
Madhuvita Janjara Augustin (Suing through Next Friend Margeret Louisa Tan) v Augustin
A/L Lourdsamy & Ors [2018] 1 MJL 307 (Court of Appeal); Lim Jen Hsian & Anor v Ketua
Penegarah Jabatan Pendaltaran Negara & Ors [2017] 8 MLJ 122 (Asmabi Mohmad J)
(High Court of Malaya).
100 Appendix Table 3, Interview with 2S.
101 Appendix Table 2, Interview with 4S.
102 Appendix Table 2, Interview with 4S.
116