Citizenship revocation must comply with statutory procedures to avoid unlawful deprivation of rights.

Introduction

[1] The Applicants filed an application by way of Originating Summons dated 23 August 2002 (encl 1) seeking the following reliefs:

(a) a declaration that 3rd Applicant ("P3") is a citizen of Malaysia by operation of law;

(b) an order of mandamus directing the Respondents to issue a birth certificate for P3 and register P3 as a citizen of Malaysia within 14 days from the date of the order;

(c) an order of mandamus directing the Respondents to issue a valid Malaysia identity card for P3 as a citizen of Malaysia within 14 days from the date of the order; and

(d) an order of mandamus directing the Respondents to issue a certificate of citizenship and/or any document which is required for the purpose of issuing a valid Malaysian identity card and birth certificate for P3 as a citizen of Malaysia within 14 days from the date of the order.

[2] For the purpose of this application, Parties have filed the following cause papers:

(a) Originating Summons dated 23 August 2022 ("Enclosure 1");

(b) Affidavit in Support affirmed by Loh Ah Kee, Yew Mooi Leng and Loh Ah Kee (litigation representative of Loh Chai Jie) on 18 August 2022 ("Enclosure 2");

(c) Affidavit in Reply affirmed by Siti Maslinda binti Mard on 19 September 2022 ("Enclosure 5");

(d) Affidavit in Reply affirmed by Loh Ah Kee, Yew Mooi Leng and Loh Ah Kee (litigation representative of Loh Chai Jie) on 9 October 2022 ("Enclosure 6");

(e) Affidavit in Reply affirmed by Saiful Yazan bin Alwi on 18 October 2022 ("Enclosure 9"); and

(f) Second Affidavit in Reply affirmed by Loh Ah Kee, Yew Mooi Leng and Loh Ah Kee (litigation representative of Loh Chai Jie) on 7 November 2022 ("Enclosure 10").

Background Facts

[3] The background facts in this application are as gathered from the Affidavits and submissions filed by the parties and stated in chronological order.

[4] The 1st Applicant ("P1") and 2nd Applicant ("P2") are husband and wife. Both of them are citizens of Malaysia. Their marriage did not produce any children.

[5] P3 was found abandoned and was taken by P2'S father. P3 was then handed to them by P2'S father. The identity of the biological mother is not known.

[6] On 29 August 2005, PI had applied for registration of birth of P3 at the National Registration Department ("NRD"). PI informed among others, that:

(i) P3 was born on 20 July 2005 at Landmark Medical Centre Johor Bahru;

(ii) P2 is P3'S mother; and

(iii) PI is P3'S father.

[See: Enclosure 5 - para 6(a) & Exhibit SMM-1]

[7] On the same date, NRD issued P3'S Birth Certificate (1st Birth Certificate"). In the 1st Birth Certificate, the particulars of P3'S parents were registered with the information of P1 and P2 and P3'S citizenship status was registered as "WARGANEGARA". [See: Enclosure 5 - para 6(b) and encl 2 - Exhibit "LCJ-4]".

[8] On 23 July 2017, when P3 was 12 years old, P1 submitted an application for P3'S identity card at NRD. [See: Enclosure 5 - para 6(C) & Exhibit "SMM- 2"]. However, the application for P3'S identity card was doubted by NRD because P3'S appearance did not resemble P1 and P2. Consequently, the NRD investigated the matter. AS a result of the investigation, P1 and P2 admitted that P3 is not their biological child. [See: Enclosure 5 - para 6(d) & Exhibit "SMM-3"].

[9] Based on the result of the investigation, the application for P3'S identity card was revoked by the NRD. P1 and P2 was then instructed by NRD to make an application to correct the information in P3'S Birth Certificate and subsequent thereto, the information of P3'S parents were amended. [See: Enclosure 5 - para 6(e) & Exhibit "SMM-4"].

[10] NRD approved the application for correction of information in P3'S Bir