The Court of Appeal in Putrajaya today dismissed the National Registration Department's and Home Ministry's appeals to not issue an identity card to teenager M Navin.

However, the three-member bench did not order the authorities to issue an IC to Navin but issued a varied order to the ministry and NRD to reconsider Navin's citizenship application within six months from today.

"The NRD and ministry have to take into consideration the intent of Article 15 A of the Federal Constitution," said Justice Abdul Aziz Abdul Rahim, who led the three- member bench.

The other judges on the panel were Justices Rohana Yusof and Prasad Sandosham Abraham.

Navin's counsel Annou Xavier ( photo ) informed  Malaysiakini  of today's decision when contacted.

It was reported on Nov 25 last year that High Court judge Justice Hue Siew Kheng had ordered the NRD and the ministry to issue the MyKad within 30 days from the date of the decision as it found their decision not to give Navin an IC was not justified.

The NRD and ministry had then appealed to the appellate court.

Navin, who was born of mixed parentage - a Filipino mother and a Malaysian father - was given a birth certificate and an international passport but had his birth certificate revoked under Article 15A of the Federal Constitution on the grounds that his father's marriage was not registered.

International passport was issued

The Court of Appeal, however, today quoted Article 15A of the Federal Constitution which 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.

It was reported that the NRD had revoked Navin's birth certificate on July 21, 2010 despite an international passport had already been issued.

This had led to the boy's father filing an originating summons application in which he sought a declaration that the boy is a Malaysian citizen and for the NRD to issue him a MyKad.

Justice Hue said 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.

She 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.