05/08/2026
๐๐ฃ๐ก ๐จ๐ฅ๐๐๐ก๐ง๐๐ฌ ๐ฅ๐๐ค๐จ๐๐ฅ๐๐ฆ ๐ ๐ฅ๐๐๐ฅ๐๐ฆ๐๐๐ฅ ๐๐ข๐จ๐ฅ๐ฆ๐ ๐ข๐ก ๐ง๐๐ ๐๐ข๐ก๐ฆ๐ง๐๐ง๐จ๐ง๐๐ข๐ก
Media statement | 2 August 2026
The Federal Constitution is supposed to be the supreme law of the land. It is therefore quite upsetting when senior officers of the National Registration Department (JPN) seem to not understand some of the fundamental constitutional provisions pertaining to citizenship.
This glaring deficiency came to light when Parti Sosialis Malaysia (PSM) helped Ms K, 30, submit an application for citizenship about five years ago. The facts of the case are as follows:
- K was born in the Ipoh Hospital in 1995 and has a birth certificate attesting to that.
- But Ms Kโs mother, Mdm A, did not have any documentsโno birth certificate or identity card. Aโs parents were poor and did not know better, so they did not register the births of all three of their children. Mdm Aโs mother held a red IC and her children would have been automatically granted Malaysian citizenship had she registered their birth. Mdm A died in 2017 without ever registering her birth.
- Mdm M, the younger sister of A, was looked after by some relatives after the death of their parents. These relative managed to register her birth, and on the basis of Mโs motherโs documents, she was registered as a citizen.
- We did a DNA analysis of M and K and established that M is indeed Kโs aunt.
- We then applied to the JPN in Meru Raya, Ipoh for a correction to Kโs birth certificate to change her status to โcitizenโ.
๐๐ผ๐ป๐๐๐ถ๐๐๐๐ถ๐ผ๐ป๐ฎ๐น ๐ฝ๐ฟ๐ผ๐๐ถ๐๐ถ๐ผ๐ป๐
Article 14(1)(b) of the Federal Constitution states that โevery person born on or after Merdeka Day, and having any of the qualifications specified in Part II of the Second Scheduleโ is a citizen by operation of law. We argued that K met two of the five qualifying conditions, that is Sections 1(a) and 1(e).
Section 1(a), Part II, Second Schedule states that โevery person born within the Federation of whose parents one at least is at the time of the birth a citizen or permanent resident of the Federation.โ
We argued that A was, by law, a citizen of Malaysia given that her mother was a permanent resident in Malaysia. As such, K should be accorded citizenship as A was eligible for it. A was not deprived of her citizenship for any treasonous or criminal activity. Her family just failed to apply because of poverty, ignorance and apathy.
We then went on to argue that if the application based on Section 1(a), Part II, Second Schedule could not be accepted, then K should be awarded citizenship on the basis of Section 1(e), Part II, Second Schedule. Section 1(e) states that โevery person born within the Federation (after Malaysia Day) who is not born a citizen of any (other) countryโ should be granted citizenship by operation of law.
We argued that since Kโs maternal grandmother was a permanent resident of Malaya and Kโs father was a blue IC holder, K had no legal basis to claim citizenship from any other country (Kโs fatherโs citizenship status could not be used to obtain citizenship because her patents could not register their marriage, as A had no documents).
๐๐ผ๐ถ๐ป๐ด ๐๐ผ ๐ฐ๐ผ๐๐ฟ๐
We were therefore unhappy and surprised when JPN rejected Kโs application for citizenship. We had no alternative but to take it to court.
A lawyer friend, Robin Lim, kindly agreed to conduct this case pro bono, and filed a judicial review at the Ipoh High Court. In October 2025, the Ipoh High Court ruled in favour of K, stating that she is eligible for citizenship under both Sections 1(a) and 1(e), Part II, Second Schedule.
However, to our deep disappointment, JPN decided to appeal the decision of the Ipoh High Court. At that point I messaged the home minister, a good friend from the Reformasi era.
But despite sending all the relevant documents, and a couple of reminders, the matter remains unresolved.
The Court of Appeal hearing is fixed for 9 am, August 3, 2026, at Putrajaya. We are keeping our fingers crossed.
๐ฃ๐น๐ถ๐ด๐ต๐ ๐ผ๐ณ ๐๐ต๐ฒ ๐๐๐ฎ๐๐ฒ๐น๐ฒ๐๐
Butโand this is importantโJPN has displayed the same unsympathetic and legally erroneous stance in several other similar cases leading to the prolongation of the marginalisation and suffering of the individuals classified as stateless.
These individuals are unable to go to government schools or to vocational colleges. They are unable to work in the formal sector. They cannot get a driving licence or open a bank account.
Their stateless situation blights almost every aspect of their lives. It leads to inter-generational transfer of poverty.
How does tormenting these unfortunate individuals help the country or any ethnic group within it?
It is high time the Madani government organises a refresher course for JPN officers deciding on citizenship applications. They need to act in a more humane and responsible manner in dealing with these cases.
๐๐ฟ ๐๐ฒ๐๐ฎ๐ธ๐๐บ๐ฎ๐ฟ ๐๐ฒ๐๐ฎ๐ฟ๐ฎ๐ท
PSM chairperson
