Teen's future uncertain as gov't appeals IC case

 

The future of M Navin, 16, a teenager born of a Malaysian father and a Filipina mother, remains uncertain.

This follows the National Registration Department (NRD) and the Home Ministry are appealing against a Kuala Lumpur High Court order last month to issue him a MyKad.

Navin’s lawyer Annou Xavier told Malaysiakini that they received a copy of the notice of appeal from the Attorney-General’s Chambers today.

“This is truly a sad day as the government decided to appeal,” he said.

A notice of appeal is filed after 30 days following the judgment and following that, the judge will provide the written judgment. The Attorney-General’s Chambers will then submit the grounds for their appeal.

On Nov 25, KL High Court ordered the NRD and ministry to issue the MyKad after ruling that their decision not to grant him citizenship was unjustified.

Navin was issued a birth certificate and an international passport previously, but they revoked the birth certificate later on July 21, 2010 based on Article 15A of the federal constitution over “special circumstances” on the grounds that the father did not register his marriage.

Following this, Navin filed the originating summons application in December last year in which he sought a declaration that he is a Malaysian citizen and for the NRD to issue him a MyKad.

Justice Hue Siew Kheng, in her decision in granting a mandamus order to compel the authorities to issue Navin the MyKad within 30 days, said the “special  circumstances” in not issuing the card were not defined and she used existing laws in the country in respecting children and for the authorities to act in the best interests of the child.

Hence, she said special circumstances should be what is done to promote the child's welfare and not render the person as stateless.

“This is an undesirable circumstance for the child,” said Justice Hue in her decision.

She noted that as the passport and birth certificate were issued to Navin, it is within the plaintiff's limited expectations for him to make the application.

“Firstly, his birth certificate states he is a citizen and the passport issued means a valid travel document recognised by the government was issued recognising him. This implied or recognised that he is a citizen of Malaysia and has a legitimate expectation to do so.”