Dec 14 hearing for leave to appeal on equal citizenship

The Federal Court has fixed Dec 14 to hear an application by Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian mothers for leave to pursue their appeal against the Court of Appeal ruling denying automatic citizenship to children born overseas to Malaysian women with foreign spouses.

Abraham Au, one of the lawyers representing Family Frontiers and the mothers, confirmed that the hearing date was fixed following case management today before deputy registrar Rasidah Roslee.

The court will hear Family Frontiers’ application together with another case brought by a 24-year-old woman, Mahisha Sulaiha, who also lost her lawsuit for a declaration that she is entitled to Malaysian citizenship, he said when contacted.

Family Frontiers and the six mothers filed their application on Aug 26 this year, seeking to set aside the Court of Appeal's ruling that children born overseas to Malaysian women with foreign spouses are not entitled to Malaysian citizenship by operation of law.

On Aug 5 this year, the Court of Appeal, in a 2-1 majority decision, had allowed the government's appeal to overturn the High Court’s landmark ruling allowing children born overseas to Malaysian women with foreign spouses to obtain Malaysian citizenship.

On the same day, the same appellate court panel dismissed Mahisha's appeal against the High Court’s 2020 decision rejecting her suit which she filed seeking a declaration that she is entitled to be a Malaysian citizen.

In civil cases, litigants must obtain leave before they can proceed with appeals to the Federal Court.

Family Frontiers and the six women are seeking a court order for all relevant government agencies, including the National Registration Department, immigration department and Malaysian embassies, to issue documents relating to citizenship (including passports and identity cards) to children born abroad to Malaysian women with foreign spouses.