High Court declares Klang-born Nalvin Dhillon a Malaysian citizen

The High Court today (5 April) declared that 24-year-old Nalvin Dhillon — who was born to a Malaysian father and Filipino mother — a Malaysian citizen under the country’s Federal Constitution as he was not born a citizen of any other country, finally putting an end to years of being stateless.
Nalvin, who is due to turn 25 in June, had been trying together with his biological father since December 2009 or slightly more than 13 years ago to have himself recognised as Malaysian.
The decision was delivered by High Court judge Datuk Wan Ahmad Farid Wan Salleh to recognise the boy from Klang as Malaysian.
“The plaintiff has fulfilled the condition precedents of Section 1(e) of Part II of the Second Schedule of the Federal Constitution. Once this is established, the law is that citizenship by operation of law is almost automatic. It is a matter of birthright.
“For the aforesaid reasons, I am making a declaration that the plaintiff is a Malaysian citizen by operation of law under Article 14(1)(b) of the FC read together with Section 1(e) of Part II of the Second Schedule of the FC.
“As a consequential order, the defendants are directed to issue a MyKad to the plaintiff within 21 days from the date of this order,” Wan Ahmad Farid said while delivering his decision through video-conferencing.
The Federal Constitution’s Article 14(1)(b) provides that every person born on or after Malaysia Day and fulfilling any of the conditions in Part II of the Second Schedule is a citizen by operation of law — or automatically entitled under the law to Malaysian citizenship.
Section 1(e) is the condition where the person born within Malaysia is not born a citizen of any country.
Read the full story, ‘After years of being stateless, High Court recognises Klang-born man with Malaysian-Filipino parents as citizen’ (The Malay Mail, 5 April 2022), here.

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(Asia Samachar, xx 2022)

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