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COMMENT | On May 28, the Federal Court dismissed an application by an 11-year-old boy, who was born illegitimately to a Filipino mother and a Malaysian father, for Malaysian citizenship.

The decision by the highest court in the land, (albeit by a narrow 4-3 majority, which is now academic) triggered emotional debates and an outpouring of sympathy outside the courtroom notably in cyberspace and especially social media platforms.

In some cases, the courts have treated aggrieved parties with compassion but there was room for it in this case as the coram of judges was asked to interpret the Federal Constitution. We are not going into the realities, the logical and legal thoughts of the learned judges and do not want to make pronouncements that could possibly lead to charges of contempt for insulting the judiciary.

On the contrary, what has to be questioned are the policies, deliberations and decisions of the government when it comes to citizenship.

For all intent and purpose, the home minister (by virtue of his position) is the final arbiter when it comes to considering, deliberating, approving and issuing citizenship certificates. These are provided for in the country’s laws.

While discussing the issue with some people in the know, I was advised to be “cautious” because... 

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