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2018 MarsdenLR 2865

HIGH COURT MALAYA KUALA LUMPUR
TAN LEE HENG & ANOR – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA & ORS – Respondent


Petitioner Advocates:Nik Asilah Aziz ,Respondent Advocate: Maisara Juhari

[1] This is the applicants' judicial review application against the decision of the 1st respondent on 27 November 2017 to revoke the 2nd applicant's birth certificate and issuing an amended birth certificate which has the effect of revoking the 2nd applicant's Malaysian citizenship.

[2] The reliefs sought by the applicants, among others are:

(i) an order of certiorari to quash the said decision.

(ii) a declaration that the 2nd applicant is a citizen by operation of law under art 14(1)(b) of Federal Constitution .

(iii) an order of mandamus instructing the 1st respondent to reinstate the 2nd applicant's original birth certificate and to issue a Mykad to the 2nd applicant within 14 days from the date of the Court's Order.

The Salient Facts

[3] Based on the affidavits and documentary evidence before this Court, the material established facts are the following:

(i) The 1st applicant is a citizen of Malaysia, born in Sg. Pelek, New Village, Selangor on 10 December 1954.

(ii) The 1st applicant is the biological father of the 2nd respondent who was born in Malaysia on 29 May 2005. The biological mother of the 2nd respondent is an Indonesian citizen known as Leena.

(iii) The marriage of the 1st a

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