PUTRAJAYA: The Court of Appeal offers ruled that the overseas-born children of Malaysian women married to foreigners cannot automatically be Malaysian residents.
In a majority choice on Friday (Aug 5), the courtroom ruled in favour of the particular government’s bid to overturn a landmark High Court judgment which said that children born overseas in order to Malaysian mothers with foreign spouses were entitled to Malaysian citizenship.
Malaysian media documented that the Court of Appeal’s decision had been delivered by a three-judge bench chaired by Judge Kamaludin Maryland Said.
He and Judge Azizah Nawawi gave the majority decision, while Judge Nantha Balan disagreed.
The Malaysian government got appealed against the Higher Court’s September 2021 decision, which recognised that Malaysia’s nationality laws discriminated towards women.
The High Courtroom also ruled that will Malaysian mothers whose children are born abroad should also be entitled to Malaysian citizenship.
In the Courtroom of Appeal on Friday, Judge Kamaludin and Judge Azizah took the look at that the word “father” in the Second Routine of Part II of the Federal Metabolic rate meant the natural father and can not be extended to include mom or parents.
It really is up to the country’s parliament, not the court, to rewrite the constitution, said the 2 judges as quoted by the New Straits Times.
In his dissenting statement, Judge Balan, however , said that Article 14 of the metabolic rate, which provided for your granting of citizenship to children delivered outside the federation, was discriminatory as it violated the equality provision.
He said that in line with the present legal status, the mother’s bloodline is made to look poor to the father’s, the brand new Straits Times additional.