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2017 MarsdenLR 2624

COURT OF APPEAL PUTRAJAYA
LIM JEN HSIAN & ANOR – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA & ORS – Respondent


[1] This is an appeal against the decision of the High Court in Kuala Lumpur dated 23 April 2015, which dismissed the appellants' application for judicial review. Leave to apply for judicial review was allowed on 14 July 2014 limited to the following prayers:

(i) A declaration that the 2nd appellant is a citizen of Malaysia by operation of law under s 1(e) of the Second Schedule, Part II, and art 14(1)(b) of the Federal Constitution , and

(ii) Order of mandamus to be issued to the 1st respondent to issue MyKid or Certificate of Citizenship to recognise the 2nd appellant as a Malaysian citizen by operation of law under art 14(1)(b) of the Federal Constitution .

Background Facts

[2] The salient facts of this case may be summarised from the learned High Court Judge's grounds of judgment. The 2nd appellant was born on 6 October 2010 in Hospital Tung Shin, Kuala Lumpur, Malaysia. The 2nd appellant's biological mother named Rai-Putta Thippawan ("Rai Putta") is a citizen of Thailand. (Exhibit A of Enclosure 10).

[3] The 1st appellant claims to be the biological father of the 2nd appellant.

[4] The 1st appellant and Rai Putta were never married and/or had not registered their marriage at the

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