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2023 MarsdenLR 595

HIGH COURT MALAYA KUALA LUMPUR
LYC & ANOR – Appellant
Versus
PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN MALAYSIA & ORS – Respondent


Petitioner Advocates:Latheefa Koya,Shahid Adli ,Respondent Advocate: Kogilambigai Muthusamy

Table of Content
1. judicial review dismissal date. (Para 1)
2. facts of the applicants’ case related to citizenship. (Para 3 , 4 , 5 , 6 , 7)
3. registrar-general's response and justifications. (Para 8 , 9 , 10 , 13)
4. analysis of citizenship acquisition and relevant provisions. (Para 15 , 29 , 30 , 31)
Amarjeet Singh Serjit Singh J:

Introduction

[1] On 13 December 2022, I dismissed the plaintiffs' judicial review application for the following reliefs for which leave was granted on 7 February 2022 by this Court:

(a) an order of certiorari to quash the decision of the Registrar-General of Births and Deaths ("Registrar- General") issuing the birth certificate extracted on 19 August 2021;

(b) an order in the nature of mandamus to compel the respondents to issue a birth certificate stating the child as "warganegara" or citizen;

(c) a declaration that the child is a citizen by operation of law pursuant to art 14(1)(b) read with s 1(a) and/or s 1(e) of Part II of the Second Schedule of the Federal Constitution; and

(d) a declaration that the respondents had violated the fundamental right provided under the Federal Constitution and other relevant laws.

[2] I have redacted all names to maintain anon

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