Govt loses bid to delay giving citizenship papers to kids born abroad to Malaysian mums
Published on: Wednesday, December 22, 2021
By: Malay Mail
The government’s stay application was dismissed with no order on legal costs, as the court did not find any special circumstances that would justify a stay. — Picture courtesy of Family Frontiers
Kuala Lumpur: The Court of Appeal today unanimously dismissed the Malaysian government’s application to stay or temporarily suspend issuing citizenship-related documents to children born overseas to Malaysian mothers.
The government had asked for a stay of the High Court order recognising that foreign-born children of Malaysian mothers were entitled to citizenship and for citizenship-linked papers to be issued.
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It also asked for the temporary postponement until the government’s appeal is heard and decided by the Court of Appeal.
Following a hearing before the Court of Appeal today, however, the government’s stay application was dismissed with no order on legal costs, as the court did not find any special circumstances that would justify a stay.
Court of Appeal judge Datuk Seri Kamaludin Md Said, who chaired the three-judge panel, delivered the brief grounds of decision in rejecting the government’s stay application.
The judge said the panel agreed with the Malaysian mothers’ lawyers that this case does not involve property or money, but was about children.
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“We take the view that this is not an ordinary case involving chattel or monetary judgment. It involves the rights of children and these rights have been recognised by the High Court.
“In our view, the circumstances are compelling and the respondents (Malaysian mothers) should not be deprived of the fruits of judgment of the High Court,” he said during online court proceedings.
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Kamaludin noted that even if the government succeeds in appealing the High Court order, it would only mean that there would be a cancellation or revocation of the citizenship-related documents to the children and that the Malaysian mothers are aware of such a risk.
“Of course, in the event that the appellants do succeed in reversing the High Court order, this only means there would be retraction of citizenship, this is a risk that respondents are well aware of.
“The possibility of retraction of citizenship is not in itself a special circumstance, and we don’t see how the appeal would be rendered nugatory if the stay is not allowed,” the judge said.
“We are not persuaded there are special circumstances to warrant exercise of this court’s discretion for a stay order on the High Court’s decision,” the judge added.
The two other judges on the panel today are Court of Appeal judges Datuk S. Nantha Balan and Datuk See Mee Chun.
If any stay had been granted, it would have enabled the Malaysian government to not take any steps to recognise the Malaysian mothers’ children born overseas as Malaysians or to give any documents proving their citizenship, until the Court of Appeal decides on the appeal.
The government’s appeal is scheduled to be heard on March 23, 2022 at the Court of Appeal.
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