PUTRAJAYA: Children born overseas to Malaysian mothers and their foreign spouses before the enactment of the Federal Constitution (Amendment) Act 2024 are eligible to apply for Malaysian citizenship under a recent legal settlement between the government and affected parties.
The settlement was reached following an appeal at the Federal Court involving six Malaysian mothers and the Association of Family Support and Welfare Selangor and Kuala Lumpur (Family Frontiers), a non-governmental organisation advocating for gender-equal citizenship rights.
The Federal Court’s five-member bench, led by Chief Justice Tun Tengku Maimun Tuan Mat, recorded the consent order formalising the agreement today.
Under the terms of the consent order, children under the age of 18 born overseas to a Malaysian mother and a foreign father before the enactment of the Constitution (Amendment) Act 2024 may apply for citizenship under Article 15(2) of the Federal Constitution.
Furthermore, subject to Article 26(1) and compliance with the procedural requirements outlined in Article 15(2), including the submission of necessary supporting documents, such children will be granted Malaysian citizenship under the conditions set forth in the amended constitutional provisions.
Additionally, the consent order affirms that the Malaysian citizenship status and official documents previously issued to the appellants’ children will remain valid, subject to the applicable provisions of the Constitution (Amendment) Act 2024.
The Constitution (Amendment) Act 2024, passed by the Dewan Rakyat, granted both Malaysian parents the right to confer citizenship to their children born overseas, however, the law does not apply retrospectively.
The other members of the panel were Court of Appeal President Tan Sri Abang Iskandar Abang Hashim and Federal Court judges Tan Sri Nallini Pathmanathan, Datuk Nordin Hassan, and Datuk Hanipah Farikullah.
During the proceedings, lawyer Datuk Dr Gurdial Singh Nijar, representing Family Frontiers and the six mothers, informed the court that both parties had reached an agreement after a series of discussions.
The settlement was also confirmed by senior federal counsel Liew Horng Bin for the Malaysian government, Home Ministry and National Registration Department director-general.
Gurdial Singh added that the appellants withdrew their appeals and requested the court to record the consent order without issuing any orders on costs.
This development follows a Federal Court decision on Dec 10 last year to defer the appeal, allowing the government and the affected parties an opportunity to resolve the dispute amicably.
In a previous hearing, Gurdial Singh informed the court that the constitutional amendments to Malaysia’s citizenship laws, passed by Parliament in October 2023, would not impact his clients’ cases as they apply only prospectively.
The legal battle began in September 2021 when the High Court ruled in favour of Family Frontiers and the six Malaysian mothers, affirming that their overseas-born children were entitled to Malaysian citizenship.
However, this ruling was overturned on Aug 5, 2022, by the Court of Appeal in a 2-1 majority decision.
Subsequently, on Dec 14, 2022, the Federal Court granted Family Frontiers and the six Malaysian mothers leave to appeal the appellate court’s decision.
The case originated from a lawsuit filed in the High Court by Family Frontiers and the six women, all married to foreign nationals, seeking recognition of their children’s right to Malaysian citizenship.
They also sought court orders directing all relevant government agencies, including the National Registration Department, Immigration Department, and Malaysian diplomatic missions, to issue citizenship documents, namely passports and identity cards, to their children born abroad.
