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2017 MarsdenLR 1476
COURT OF APPEAL PUTRAJAYA
THAN SIEW BENG & ANOR – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA & ORS – Respondent
[Civil Appeal No: W-01-185-06-2015]
Important Points
The requirement for citizenship by operation of law involves satisfying both jus soli and jus sanguinis criteria under the Federal Constitution.
Subject
Civil Law - Constitutional Law
Act Referred
Federal Constitution: Article 14, S.Part II, Second Schedule
Evidence Act 1950: S.103
Adoption Act 1952
Evidence Act 1950: S.103
Adoption Act 1952
Headnote
This appeal arises from the dismissal of the appellants' application for judicial review for citizenship recognition under Article 14(1)(b) of the Federal Constitution. The court found that the appellants failed to establish the requirements for citizenship by operation of law. Key issues include whether the 2nd appellant fulfilled the requirements of the Federal Constitution to acquire citizenship and if an adoption order could confer such rights. The court concluded that the appellants did not satisfy the requirements outlined, affirming the lower court's dismissal of the application. The appeal is therefore dismissed, and costs are not awarded.
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| 1. introduction to the case and procedural history. (Para 1) |
[1] This is an appeal against the decision of the learned High Court Judge who on 14 July 2014 dismissed the appellants' application for judicial review for the following reliefs:-
(i) An order of declaration that the 2nd applicant is recognised as a Malaysian citizen under art 14(1)(b) of the Federal Constitution read with s 1(e) Part II, Second Schedule of the , and
(ii) An order of mandamus to compel the 1st respondent to issue a MyKad identification card or a Citizenship Certificate to the 2nd applicant as a Malaysian citizen.
