19 Nov 2021
1.CCH 2.ADY PENDAFTAR BESAR BAGI KELAHIRAN DAN KEMATIAN, MALAYSIA
- Citation
- 01(f)-35-11/2020(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-35-11/2020(W) (Mahkamah Persekutuan)
A child found abandoned and born within Malaysia is presumed under Second Schedule Part III section 19B to have been born of a mother permanently resident in the place found; that presumption, when applied to a child found in Malaysia, satisfies Part II section 1(a) jus soli/jus sanguinis requirement and therefore the child is a Malaysian citizen by operation of law; the Registrar failed to rebut the presumption and unlawfully registered the child as non-citizen.