A 70-year-old shop assistant, born in Malaysia reportedly failed in his bids to get his Malaysian citizenship, even though his wife and children are Malaysians.

NONE R Kolandavaloo's application was rejected by the National Registration Department on the grounds that he "does not have a good character".

This was relayed to him in a letter from the NRD dated Sept 9, 2011, in which the officer, Nik Nurashikin Nik Mansor, on behalf of the department director-general, stated that the decision was final and no appeal would be entertained.

What left the action in bad taste, claimed by Kota Alam Shah assemblyperson, M Manoharan was that Kolandavaloo has no criminal record, not even charged with any criminal offence.

Manoharan, who is also a practising lawyer said under Article 16 of the Federal Constitution, the government can impose conditions like the person must have lived in the country for seven years with the intention of permanent residence, be of good character with an elementary knowledge of the Malay language.

Kolandavaloo was given permanent resident status in 1980. Since then many quarters have attempted to assist him to get citizenship but to no avail, claimed Manoharan.

Then, Kolandavaloo himself applied in 2011, receiving the NRD letter dated 2011 only last month.

"The question is how can the NRD arbitrarily decide that Kolandavaloo does not have good character when he does not have any criminal record or has never been charged for any offence.

temple demolition court case 260307 m manoharan "On what basis did the NRD decide Kolandavaloo does not have good character, this is the question we would like to pose," he said.

Manoharan ( left ) said Kolandavaloo was born in Malaysia although his parents were from India, and has been living in Malaysia all his life. He also possess a Malaysian birth certificate.

He said that the septuagenarian, is married to a Malaysian and has four children, all Malaysians except him.

Mulling judicial review

Manoharan said that it was rather unconstitutional of the NRD to turn down Kolandavaloo's request for a citizenship on the grounds of not having "a good character" when the fact was otherwise.

Now, the lawyer is weighing the idea of filing a judicial review challenging the NRD decision.

"How does a lower rank officer judge someone of having a good or dubious character when the person does not have any record.

"For me, this is a flimsy excuse given by the NRD in denying Kolandavaloo his citizenship," said the assemblyperson.

"Hence, we will file a judicial review possibly next week to challenge the decision," he said.

Manoharan, a Hindu Rights Action Force (Hindraf) legal adviser, also questioned why the Indian community seems to face this problem and not the others as highlighted in the movement's demands.

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