3 Sept 2023
1. ) LEE TIN YONG 2. ) CHONG SOK WAH 3. ) LEE MIN HAO 1. ) kementerian dalam negeri, malaysia 2. ) PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN JABATAN PENDAFTARAN NEGARA MALAYSIA
- Citation
- JA-24NCvC-345-04/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24NCvC-345-04/2022 (Mahkamah Tinggi)
Jus soli was satisfied because the place of birth on the certificate was within the Federation, but the jus sanguinis requirement under Article 14(1)(b) was not satisfied because applicants are adoptive and not biological parents and there is no evidence establishing that LMH was 'found exposed' or abandoned so as to trigger the presumption in s19B; absence of statutory reporting and affirmative evidence defeats reliance on s19B; therefore the application for citizenship and IC is dismissed.