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2021 MarsdenLR 3564

COURT OF APPEAL PUTRAJAYA
PENDAFTAR MUALLAF WILAYAH PERSEKUTUAN – Appellant
Versus
LCY & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Nizam Bashir,Zulkifli Che Yong,Mohamad Ikmal Ibrahim ,Respondent Advocate: K Shanmuga,Honey Tan Lay Ean,Tay Kit Hoo,Kee Hui Yee with him

JUDGMENT

Nordin Hassan JCA:

[1] This is an appeal against the decision of the High Court dated 16 October 2018 allowing partly the prayer sought by the 1st respondent in his application for judicial review. The prayers sought are as follows:

(i) an Order of Certiorari pursuant to O 53, r 8(2) of the Rules of 2012 to quash the conversion of religion of AB(1) and AB(2), the children of the 1st respondent and Aleena binti Abdullah and the decision by the appellant in Appeal No: WA-01(A)-658-11-2018 in issuing the Certificate of Conversion to Islam ('Kad Akuan Agama Islam') both dated 11 May 2016;

(ii) an Order of Prohibition pursuant to O 53, r 1 of the Rules of 2012 to prohibit the appellant, its officer or agent from registering the children as Muallaf (Muslim) under the relevant enactments;

(iii) an Order of Mandamus to compel the appellant and the 2nd respondent in Appeal No: WA-01(A)-659-11-2018 to cancel the registration of the children as converts to Islam in the Register of Converts;

(iv) alternatively, a Declaration that the Certificates of Conversion to Islam are null and void.

[2] The High Court Judge only allowed prayer (i) and (iii) of the 1st respondent's application with no

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