In yet another case of a person not being able to be a citizen, a 13-year-old girl of Malaysian-Filipino parentage is facing that problem, impeding her opportunity to receive education.

N Yanesha was born on May 3, 1999, at Bandar Sunway, and because her is mother is Filipino, her birth certificate has her as a non-citizen.

This has caused problems for her to get an education, to enroll in schools, sit for public examinations due, said her aunt S Shamila.

"Yanesha has to apply for a student pass annually from the Immigration Department since she was in Year Three for her to enroll in a school and be eligible to sit for public examinations.

"Each and every year, she has to go to the Selangor Education Department, Immigration and her school which would refuse to admit her until she gets the student's pass," said Shamila in a telephone interview with Malaysiakini .

Things turned for the worse when Yanesha's parents separated, leaving her under the care of her aunties and grandmother.

  Legal action final resort

NONE The girl's father, S Nanthakumar, ( right ) also takes on that responsibility frequently.

"We have met former MIC president S Samy Vellu, and then-education minister Hishammuddin Hussein for assistance but it proved fruitless," said Shamila.

As a last resort, the girl had filed a suit at the Kuala Lumpur High Court through her other aunt, S Yogeswari, naming the director-general of the National Registration Department (NRD), the Home Ministry and government as defendants.

She is seeking a declaration that she is a Malaysian citizen under Article 14 (1), 15(2) and 15A of the federal constitution, a declaration that the defendants issue a birth certificate stating that she is a citizen, a declaration that they issue her a MyKad, and an order for the NRD to register her under the National Registration Act.

Article 14(1) states that a person is a citizen, if born within the federation, on or after Merdeka Day.

Article 15 (2) states any person under the age of 21, whose father is a citizen or is deceased, was a citizen at the time of his death is entitled, upon application to the registration authority by his parent or guardian, can be registered as a citizen.

Home Ministry objects

Article 15A states 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.

However, according to lawyer Annou Xavier, the government is strenuously objecting to the suit as the defendants claimed it should have been filed by way of a judicial review, and thus it was filed out of time.

"This is something which the family has denied," he said.

The case is also being handled by FS Lim.

Since 2006, Yanesha's family have sought help of various ministries, agencies, and made countless trips to the NRD in Petaling Jaya and also Putrajaya on her status as a non-citizen, only to meet with disappointment and failure.

The girl is now 13, and being a non-citizen, is unable to apply for MyKad and may have problems getting a passport and this may also hamper her opportunities to receive tertiary education locally or abroad.

The matter is now fixed for mention on March 13 for further case management.