A Malaysian father with severe heart problems is anxiously awaiting for March 6 - when he will know whether his four-year-old son is to be granted citizenship.

That’s when the outcome of the judicial review of the case heard at the High Court in Kuala Lumpur today will be made known.

Lim Jen Hsian's application for his son's citizenship in October 2013 was rejected by the National Registration Department, allegedly on grounds he was not legally married to his Thai partner. 

This lead to Lim, 38, filing a judicial review application in July last year seeking that his son, Zu Yi, be granted citizenship and a MyKid identification card.

His mother, a Thai national, had abandoned the child when he was six months old and Zu Yi is now under the care of his grandmother.

The National Registration Department (NRD) director-general, the Home Ministry and the government, were named as the respondents in the judicial review.

Child was born in Malaysia

Lim’s lawyer N Surendran told the court that the boy should be declared a citizen by operation in law under Article 14 (1) (b) Part II of the Second Schedule of Section 1 (e) of the Federal Constitution. 

"The boy is clearly born here and his parent is a Malaysian citizen. He should automatically be a citizen," said Surendran ( on the left ).

Zu Yi was born at Tung Shin Hospital, Kuala Lumpur in 2010 and received a Malaysian birth certificate, his lawyers claimed.

Article 14 (1) (B) states every person born on or after Malaysia Day, and having any of the qualifications specified in Part II of the Second Schedule.

Section 1 (E) states that every person born in the federation who is not born a citizen of any country otherwise, is considered a citizen of Malaysia.

Judge needs time to deliberate issue

However, federal counsel Maisarah Juhari argued that Section 17 of the Thai Nationality Act stipulates that any child born to a Thai parent anywhere in the world is considered a Thai citizen.

“If NRD approves the boy’s citizenship application, this will implicate that the boy as having dual citizenship. This will not be valid here,” Maisarah argued.

Surendran countered her argument on grounds that the court was in no position to consider Thai law as it is not a common law in Malaysia.

Justice Asmabi Mohamad said she needed more time to deliberate on the issue as this would have an impact on thousands of other cases out there.

“It is important to do research (on this) because there are so many thousands of children waiting for this decision,” she said.

Justice Asmabi then fixed March 6 for decision.

Speaking to reporters outside the court, Surendran said the issue was a pioneer case that would have an impact on countless other cases involving stateless children in the country.

“This case is a test cause under this provision (1 [E]) which could impact the decision of thousands of cases involving a similar citizenship problem,” he told reporters.

The other lawyer representing Lim, Latheefa Koya ( right ), went on to emphasise that the Xu Yi’s citizenship was important, for if something happened to the father, the boy would get the necessary rights.

“The father is very ill; if the boy has citizenship at least he would be protected if anything happens to the father.

“He would be able to get his basic rights, like being able to go to school, getting medical treatment and other privileges a citizen has,” Latheefa said.

Lim, she added, was currently under intensive treatment for his heart problems and has been notified by his doctors that he would not have long to live due to his condition.