The Kuala Lumpur High Court today ordered the government to issue a MyKad (identification card) to M Navin, 16.

Justice Hue Siew Kheng ruled that the reason provided by the Home Ministry and National Registration Department not to grant him citizenship was not justified.

"The court orders that the MyKad be issued to the applicant (Navin) within 30 days of the court order," she said.

Justice Hue also ordered the government to pay RM8,000 costs to him.

Navin was born of mixed parentage - a Filipino mother and a Malaysian father.

A birth certificate and an international passport was issued to him 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 described the first letter issued by the NRD dated July 25, 2011 was unjust and too harsh in deciding not to issue citizenship on the grounds under Article 15A of the Federal Constitution following the father's failure to register the marriage.

“This is truly an error in law, as Article 18 of the Federal Constitution made no reference to parents on whether they are legally married or not - it is irrelevant,” she said.

The judge 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.

Justice Hue said the second later dated Dec 26, 2012 did not state further reasons of rejection and this amounted to procedural unfairness.

Special circumstances

Article 15A of the Federal Constitution states that subject to Article 18, the Federal Government may, in such special circumstances as it thinks fit, cause any person under the age of 21 years to be registered as a citizen.

Justice Hue noted that `special circumstances' was not defined and she used existing laws in the country to respect children and act what is in the best interest of the child.

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

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

She noted that as the passport and birth certificate was issued to Navin, it is within the plaintiff's limited expectation 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.

“Following this, the court ordered the two declarations sought be allowed and that the MyKad be issued within a month,” said Justice Hue.

Senior federal counsel Maisarah Juhari appeared for the respondents while lawyer Annou Xavier appeared for Navin.

Navin, who is a bright student who scored well in the UPSR and PMR examinations, on commenting today's decision, said he is happy with the decision after a four years' wait and this proves that he is not a foreigner.