UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
citizen in “special circumstances as it thinks fit”26, especially in the
case of adoption, or children born before the registration of marriage
by their parents.
Article 15A of the FC is a powerful provision as it allows minors
to obtain citizenship at the discretion of the Home Minister, which
does not assure any right to stateless children27. While debates may
continue about the procedures of the application, in the end, it relies
on the interpretation of “special circumstances” by the minister28.
Although the application of Articles 14 and 15A are limited and
not expressly available for all stateless children in Malaysia, the
said Articles have benefitted several stateless children based on the
best interest of the child involving citizenship as established in a
prominent case in 2018, Madhuvita Janjara Augustin (Suing Through
Next of Friend Margaret Louisa Tan) v Augustin A/L Lourdsamy &
Ors [2018] 1MLJ.
The appellant, Madhuvita Janjara Augustin was a minor, aged 11. Her
application before the High Court for amongst others, an order that
she be re-registered by the 3rd respondent, the Registrar of Births
and Deaths, with the status of a “Malaysian citizen” was brought on
her behalf by her mother, her next friend. There were no objections
to her other orders, that she is the lawful child of the 1st respondent,
her father; that appropriate DNA tests was conducted to verify her
blood ties with the 1st respondent and her mother. Those orders were
consequently granted without event. However, her application that
she was entitled to be declared a Malaysian citizen was objected to by
the respondents and consequently, dismissed by the High Court. Upon
26
Ida Lim. (2019 March 27). Malay Mail Online. Why Malaysia-Born Illegitimate
Children with Foreign Mothers Are Stateless. https://www.malaymail.com/news/
malaysia/2019/03/27/why-malaysia-born-illegitimate-children-with-foreignmothers-are-stateless/1736828>.Retrieved date: 30.4.2019.
27
Ida Lim. (March 20, 2017). What lies ahead for a stateless child in Malaysia?
https://www.malaymail.com/news/malaysia/2017/03/20/what-lies-ahead-for-astateless-child-in-malaysia/1338637> . Retrieved date: 19.3.2021.
28
Living in limbo: In Malaysia, adopted children are not guaranteed citizenship.
(June 2, 2020). https://www.thestar.com.my/opinion/letters/2020/06/02/living-inlimbo-in-malaysia-adopted-children-are-not-guaranteed-citizenship>. Retrieved
date: 18.3.2021.
367
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents