Now, Federal Court to hear Malaysian mums’ appeal for their overseas-born kids’ automatic citizenship on Dec 10

KUALA LUMPUR, Oct 11 — The Federal Court has now fixed December 10 as the new hearing date for an appeal by advocacy group Family Frontiers, which is seeking for a court ruling to enable Malaysian mothers’ overseas-born children to be Malaysian citizens automatically.

Abraham Au, one of the lawyers representing advocacy group Family Frontiers, told Malay Mail that the new date was fixed by the Federal Court during case management this Wednesday.

Previously, the Federal Court had scheduled June 25 for the hearing date of the Family Frontiers case, but this was later rescheduled to October 25 amid the wait for the government’s proposed law changes, before now being further rescheduled to December 10.

The Federal Court had via a September 23, 2024 letter informed lawyers that the case would not be heard on October 25.

Au said the reason given by the Federal Court for the change in the hearing date was due to “rescheduling of cases”.

There are four other citizenship cases which also had their hearing dates at the Federal Court rescheduled from October 25 to December 10.

These four cases are scheduled to be heard by the same Federal Court panel for the Family Frontiers case.

Those four cases of individuals who are still seeking to be Malaysians are:

• 27-year-old Mahisha Sulaiha Abdul Majeed who was born to a Malaysian mother and non-Malaysian father in India;

• Tan Soo Yin who was born in Johor to unknown biological parents and was cared for by her Malaysian foster mother and who will be turning 41 this year;

• 38 year-old Azimah Hamzah who was born in Pahang before her Cambodian refugee parents became Malaysians;

• a woman due to turn 32 this year and who was born in Kuala Lumpur to a Malaysian father and non-Malaysian mother before they registered their marriage.

Why does this matter?

Family Frontiers in September 2021 won in the High Court where it was decided Malaysian mothers’ overseas-born children are entitled to Malaysian citizenship automatically.

But the Court of Appeal in a 2-1 decision in August 2022 overturned the High Court decision, and the Federal Court in December 2022 allowed Family Frontiers to pursue an appeal.

This is the appeal that the Federal Court will hear on December 10, and will include issues such as whether the Federal Constitution’s prohibition against gender discrimination should also cover citizenship laws.

The Malaysian government on March 25 this year tabled a Bill in the Dewan Rakyat to make changes to citizenship laws in the Federal Constitution, otherwise known as the Constitution (Amendment) Bill 2024.

The government’s planned law change is expected to finally enable Malaysian mothers’ overseas-born children to be Malaysian citizens automatically, but civil society groups have said that the same Bill also contains “regressive” changes to the Federal Constitution that would block Malaysia-born children to permanent residents such as the Orang Asli and Orang Asal community from having citizenship.

To become law, the Bill will have to secure two-thirds approval of MPs at the Dewan Rakyat, and two-thirds approval of lawmakers at the Dewan Negara, as it involves changes to the Federal Constitution. It will also require the Yang di-Pertuan Agong’s assent and be gazetted in order to be enforced.

The second and third reading for the Bill for the proposed citizenship changes is expected to take place in the next Dewan Rakyat meeting from October 14 to December 12, where MPs will have to vote on the Bill.

The Dewan Rakyat has scheduled October 14 to October 17 and December 4 to December 12 for government Bills while other dates will be taken up by the Budget 2025 debates; while the Dewan Negara has scheduled December 2 and 3 and December 16 to 19 as dates for government Bills.