Homegrown Statelessness in Malaysia
the birth of his child. He stated that he was married before the child was born.
While attending the Jabatan Pendaftaran Negara (the National Registration
Department) to seek permission to marry a foreign spouse, 11S told the officer
that his wife was pregnant and that it was a difficult pregnancy. The officer told
him they could register the marriage after the baby was born but did not advise
of the consequences of doing this. 11S was angry that the officer advised him of
this. He stated that he would have made the effort to register the marriage before
the child was born despite difficulties his wife was having. 11S explained he has
applied three times for his son’s citizenship. He applied in 2012 and again in
2014 and both applications were rejected without reasons. 11S made another
application during a registration drive in Penang in February 2018. 103
13S (Malaysian citizen of Chinese ethnicity) is the father of a stateless child
from a relationship with a Chinese woman from China. He was not married to
the mother of his child because he was still married to his first wife at the time
the child was born. The mother of the child has since returned to China and has
no contact with the child. 13S applied for citizenship on behalf of his son in 2013
and waited two years until he received a rejection with no reasons. He was told
to just apply again when he went to the registration office to inquire why the
application was rejected. He submitted another application during a registration
drive in Penang in February 2018. 104
Similarly, 12S (Malaysian citizen of Chinese ethnicity) is a father who has
two children that are stateless because he was not married to a woman with
foreign nationality (Thai). Like 11S and 13S, he was applying on behalf of his
children during a registration drive in Penang in February 2018. 105
18S is a Balinese woman with Indonesian citizenship. She is married to a
Malaysian citizen and has two children, one of whom is stateless. She stated that
her oldest child is stateless because the child was born after her marriage was
registered, and also because the child was registered late (seven months after the
birth). 18S explained that she thought that once the marriage was registered,
there would be no problem with her oldest child getting citizenship. She has been
waiting for five years for a decision. 106
4L is representing a client that was born before her Malaysian father and
Papua New Guinean mother were married. She helped her clients put together an
originating summons to obtain a declaration for citizenship. At the High Court
level, the Court found that the marriage was not legitimised at the time of birth
and therefore the child’s citizenship follows the mother’s. The decision was
appealed at the Court of Appeal of Malaysia and was allowed. 107 The matter is
now pending at the Federal Court of Malaysia (the highest court in Malaysia). 4L
explained that she had worked on another case with similar facts where the High
Court granted a legitimacy order (recognising the child as that of the father’s
even though the parents are not married) but refused to recognise the child’s
Malaysian citizenship. 4L explained that they are now applying for citizenship
with the declaration of legitimacy, hoping this will lead to a positive outcome. 108
103
104
105
106
107
108
Appendix Table 2, Interview with 11S.
Appendix Table 2, Interview with 13S.
Appendix Table 2, Interview with 12S.
Appendix Table 2, Interview with 18S.
Madhuvita, (n 99).
Appendix Table 3, Interview with 2L.
117