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Friday, October 10, 2014

ILLEGITIMATE BUT HE'S BORN HERE! High Court snubs Putrajaya’s bid to stop trial of boy seeking citizenship

ILLEGITIMATE BUT HE'S BORN HERE! High Court snubs Putrajaya’s bid to stop trial of boy seeking citizenship
The High Court today dismissed the Home Ministry and National Registration Department's stay application to stop the trial of a boy who is demanding Malaysian citizenship.
Judge Hue Siew Kheng, who said there was no merit in the application, fixed trial on October 3.
It is not immediately known whether government lawyers will go to the Court of Appeal to make another bid to stop the trial from proceeding.
The stay application was filed after the High Court on June 20 dismissed Putrajaya's application to strike out the suit.
Hue said the matter must go for trial as there were triable issues to be determined.
In an originating summons filed last December, businessman R. Moorthy named the director-general of the NRD, secretary-general of the Home Ministry and the government as defendants where he asked Putrajaya to recognise his son, M. Navin, as a citizen.
Moorthy's action came after two unsuccessful attempts to get the NRD to give his son citizenship in July 2010 and November 2011.
The problem began when Navin applied for a Malaysian identity card upon turning 12.
When he went to the NRD to apply for the IC, Moorthy was told his son was not a citizen despite holding a Malaysian birth certificate and a Malaysian passport.
In his affidavit, Moorthy said his son had been taunted by his schoolmates for not being a Malaysian.
"They called him a foreigner," Moorthy, a Malaysian, said in his affidavit.
It is stated in the affidavit that Navin's mother, a Filipina, could not be traced despite many attempts.
The ministry, in a letter dated July last year, stated that Navin's application for citizenship had been rejected because Moorthy's marriage was not registered under local laws.
The ministry had applied for the suit to be struck out on grounds that Navin was an illegitimate child as his parents were not married. –TMI

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