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2025 MarsdenLR 978

COURT OF APPEAL PUTRAJAYA
SAYYID SHAH ABDULLAH – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA & ANOR – Respondent
[Civil Appeal No.: W-01(A)-691-12/2023]



Petitioner Advocates:Lee Teong Hooi ,Respondent Advocate: Nur Irmawatie Daud,Na'ilah Ilhani Shamsulbahri

The regulations prohibit reverting to a former name after a change, emphasizing the finality of name changes and the absence of a general duty to provide reasons for decisions unless warranted by the case's nature.

Headnote:(A) National Registration Regulations 1990 - Regulation 14 - Judicial review of name change application - The Appellant's request to revert to his original name was denied based on the interpretation of Regulation 14, which prohibits reverting to a former name after a change - The Court upheld the High Court's dismissal of the Appellant's application, finding no procedural impropriety or illegality in the decision-making process. (Paras 38, 56, 81)

(B) Duty to give reasons - The absence of an express provision requiring reasons does not imply a general duty to provide them; the need for reasons depends on the case's nature. (Paras 71, 75)

Facts of the case:
The Appellant, a Malaysian citizen, sought to revert his name on his identity card from Sayyid Shah bin Abdullah back to K. Praghadheeswara Raja a/l Kalandasamy after facing issues with immigration due to the name change. His application was rejected by the 1st Respondent, leading to this appeal.

Findings of Court:
The Court found that the High Court's interpretation of the regulations was correct and that the Appellant did not satisfy the prerequisites for a name change.

Issues: The core issues were the interpretation of Regulation 14 regarding name changes and whether the Appellant was entitled to reasons for the rejection of his application.

Ratio Decidendi: The Court concluded that the regulations do not permit reverting to a former name and that the Director General has no discretion in these matters once the name change is completed.

Result: Appeal dismissed with costs.

JUDGMENT

Collin Lawrence Sequerah:JCA

(A) Introduction

[1] This is an appeal against the decision of the High Court at Kuala Lumpur which had on 20 October 2023 dismissed the Appellant's application for Judicial Review with costs for the following reliefs:

a) An order for Certiorari to quash the decision of the 1st Respondent dated 21 January 2021 in rejecting the Appellant's application to amend the name of Sayyid Shah bin Abdullah No: identification card: 750423-71-5087 (A33757824) to original name of the Appellant which is K. Praghadheeswara a/l Raja Kaladasamy 750423-71-5087(433757824); No: identity card:

b) An order for Mandamus to compel the 1st Respondent to amend and register the name of Sayyid Shah bin Abdullah ID card No: 750423-71-5087 (A33757824) to the original name of the Appellant which is K. Praghadheeswara a/l Raja Kaladasamy (ID card No::750423-71- 5087 (A33757824);

c) A Declaratory order that the decision of the 1st Respondent dated 21 January 2021 in dismissing the Appellant's application was invalid and void;

d) Damages; and

e) Any other reliefs that the Court deems fit and proper.

(B) Pertinent Background Facts

[2] The Appellant is a citizen of Malaysia who was born on 23 April 1975 in Coimbatore, Tamil Naidu, India.

[3] The Appellant's birth certificate was issued by the Office of Assistant High Commissioner Malaysia in Madras under the name of K. Praghadheeswara Raja. His father's name was Kalandasamy.

[4] The Appellant was a Hindu from birth and professed the said religion at all material times.

[5] The 1st Respondent issued a Malaysian Registration Identity Card under the name of K. Praghadheeswara Raja all Kalandasamy (My Kad No: 750423-71-5087(A33757824)).

[6] In 2005, the Appellant converted to Islam at Jabatan Agama Islam Negeri Sembilan and he changed his name to Sayyid Shah bin Abdullah.

[7] On 4 October 2005, an application by the Appellant to change his name was allowed by the 1st Respondent under reg 14 of the National Registration Regulations 1990 . Consequent to that, a new identity card was issued under the name of Sayyid Shah bin Abdullah replacing the name of K. Praghadheeswara Raja a/l Kalandasamy.

[8] The Appellant successfully applied for and was given a new passport on 29 April 2015 under his new name of Sayyid Shah bin Abdullah and he flew to India using this new passport on 23 December 2016.

[9] However, the Indian Immigration refused to allow the Appellant entry into India due to the fact that he had previously entered India using a Malaysian passport under the name of K. Praghadheeswara Raja a/l Kalandasamy. As a result, the Appellant was deported to Malaysia.

[10] Upon his return to Malaysia, the Appellant claimed that on 22 March 2016, upon his application for a passport under his original name, the Director General of Malaysian Immigration revoked the passport under the name of Sayyid Shah bin Abdullah and replaced it with a new passport issued under the name of K. Praghadheeswara Raja a/l Kalandasamy (No. A35711811) for a duration of 5 years.

[11] The Appellant encountered difficulties with passport No. A35711811 wherein the Director General of Malaysian Immigration denied issuing the said passport and stated that all Malaysian passports were issued according to the name that appears on the identity card.

[12] The Appellant then claimed that he was granted a Tourist Visa from the Government of India for 5 years from 22 September 2019 to 20 September 2024 based on passport No A35711811. Passport No A35711811 will expire in 22 March2021.

[13] The Appellant claimed that he applied for a new passport in December 2020 under the name of K. Praghadheeswara Raja a/l Kalandasamy and this was refused by the Malaysian Immigration Department since his name in the identity card is Sayyid Shah bin Abdullah.

[14] The Appellant averred that several applications were made to 1st Respondent to change his name ie Sayyid Shah bin Abdullah to his original name ie K. Praghadheeswara Raja a/l Kalandasamy.

[15] However,

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