SANDRA 1. ) KETUA PENGARAH JABATAN PENDAFTARAN NEGARA 2. ) MENTERI DALAM NEGERI MALAYSIA 3. ) Kerajaan Malaysia

SANDRA 1. ) KETUA PENGARAH JABATAN PENDAFTARAN NEGARA 2. ) MENTERI DALAM NEGERI MALAYSIA 3. ) Kerajaan Malaysia

Because official records and investigators' statements established that the applicant's biological parents were known (father and an Indian woman who worked for them) and the applicant was not an abandoned child, she did not satisfy the requirement of being 'not born a citizen of any country' under Part II para 1(e) read with Article 14(1)(b); consequently CCH was inapplicable and the application for declaration of citizenship by operation of law failed.

Citation
BA-24NCvC-22-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Sandra; 1st Respondent: Ketua Pengarah Jabatan Pendaftaran Negara; Respondents 2 & 3: Menteri Dalam Negeri Malaysia; Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 May 2022
Case Number
BA-24NCvC-22-01/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Constitutional/citizenship Challenge / High Court Judgment
Outcome
Application dismissed
Legal Topics
Statelessness, Citizenship by Operation of Law, Article 14, Second Schedule Para 1(e), Precedent Applicability (cch)
Source Language
Malay/English
Constitutional Law Citizenship Law Administrative Law Statelessness Citizenship by Operation of Law Article 14 Second Schedule Para 1(e) Precedent Applicability (cch)

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Parties

Sandra

Plaintiff/appellant

Ketua Pengarah Jabatan Pendaftaran Negara

1st Respondent

Menteri Dalam Negeri Malaysia; Kerajaan Malaysia

Respondents 2 & 3

Procedural Posture

Originating Summons Constitutional/citizenship Challenge / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff is stateless for the purposes of Part II para 1(e) of the Second Schedule and Article 14(1)(b)
  2. 2 Whether the plaintiff is a citizen of Malaysia by operation of law
  3. 3 Whether the Federal Court decision in CCH & Anor v Pendaftar Besar is applicable to this case

Ratio Decidendi

Because official records and investigators' statements established that the applicant's biological parents were known (father and an Indian woman who worked for them) and the applicant was not an abandoned child, she did not satisfy the requirement of being 'not born a citizen of any country' under Part II para 1(e) read with Article 14(1)(b); consequently CCH was inapplicable and the application for declaration of citizenship by operation of law failed.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Costs awarded to respondents in the sum of RM500.00 (subject to allocator).