The High Court has granted a conditional
stay of three months, from today, for the National Registration
Department and Home Ministry to get a decision on their application to
appeal the court order granting teenager M Navin a MyKad.
The stay was granted by Justice Hue Siew Kheng in Kuala Lumpur today, on an application filed by the National Registration Department (NRD) and the Home Ministry.
"It is up to the Attorney-General's Chambers to push for an earlier date at the Court of Appeal," Justice Hue said in chambers.
Navin's lawyer Annou Xavier (left) told reporters outside court that should the AG's Chambers fail to get an early hearing date within the three months, the NRD would have to issue the MyKad to Navin.
In ordering the MyKad to be issued to Navin on Nov 25, Justice Hue said the decision of the NRD and ministry not to do so is unjustified.
Navin, 16, is of mixed Malaysian and Filipino parentage.
The NRD and the Home Ministry filed their notice of appeal against Justice Hue's decision last month.
Birth certificate revoked
It was reported that Navin was issued a Malaysian birth certificate and also an international passport, but the authorities revoked the birth certificate on July 21, 2010, based on Article 15A of the Federal Constitution.
They cited special circumstances on grounds that his father did not register his marriage.
As a result of this, Navin filed the originating summons application in December 2013, in which he sought a declaration that he is a Malaysian citizen and for the NRD to issue him a MyKad.
In her order to the NRD to issue the MyKad, Justice Hue said the NRD's first letter dated July 25, 2011, was unjust and too harsh in deciding not to issue citizenship on grounds of Article 15A of the Federal Constitution, following the father's failure to register his marriage.
“This is truly an error in law, as Article 18 of the Federal Constitution makes no reference to parents on whether they are legally married or not. It is irrelevant,” she said.
She further cited Article 7.1 of the United Nations' Convention of Rights of the Child, which states the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
The stay was granted by Justice Hue Siew Kheng in Kuala Lumpur today, on an application filed by the National Registration Department (NRD) and the Home Ministry.
"It is up to the Attorney-General's Chambers to push for an earlier date at the Court of Appeal," Justice Hue said in chambers.Navin's lawyer Annou Xavier (left) told reporters outside court that should the AG's Chambers fail to get an early hearing date within the three months, the NRD would have to issue the MyKad to Navin.
In ordering the MyKad to be issued to Navin on Nov 25, Justice Hue said the decision of the NRD and ministry not to do so is unjustified.
Navin, 16, is of mixed Malaysian and Filipino parentage.
The NRD and the Home Ministry filed their notice of appeal against Justice Hue's decision last month.
Birth certificate revoked
It was reported that Navin was issued a Malaysian birth certificate and also an international passport, but the authorities revoked the birth certificate on July 21, 2010, based on Article 15A of the Federal Constitution.
They cited special circumstances on grounds that his father did not register his marriage.
As a result of this, Navin filed the originating summons application in December 2013, in which he sought a declaration that he is a Malaysian citizen and for the NRD to issue him a MyKad.
In her order to the NRD to issue the MyKad, Justice Hue said the NRD's first letter dated July 25, 2011, was unjust and too harsh in deciding not to issue citizenship on grounds of Article 15A of the Federal Constitution, following the father's failure to register his marriage.
“This is truly an error in law, as Article 18 of the Federal Constitution makes no reference to parents on whether they are legally married or not. It is irrelevant,” she said.
She further cited Article 7.1 of the United Nations' Convention of Rights of the Child, which states the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
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