An eight year-old adopted boy was today not granted Malaysian citizenship after his application made through his guardian was dismissed by the Kuala Lumpur High Court.

Justice Nik Hasmat Nik Mohamad ruled that the home minister had the sole discretion to grant citizenship and he need not give reasons in arriving at that decision.

"With this, the application is dismissed," she said in her decision made in chambers.

The court also ordered the boy's guardian KP Tan to pay RM4,000 costs.

Tan, a Penang-based lawyer, acted as guardian for the boy after his law firm partner Yu Meng Qeung, who adopted the boy died from leukemia on Aug 20, last year.

He named the director-general of the National Registration Department, the Home Ministry secretary-general and the Malaysian government as respondents.

The boy was represented by lawyer Annou Xavier.

The application was made under Article 15A of the Federal Constitution.

Under Article 15A on special power to register children, 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 twenty-one years to be registered as a citizen.

Yu, who was a lawyer, had named his partner in their law firm as a substitute litigant in his will.

It was reported that the George Town Sessions Court issued the adoption order in respect of the boy who was born to a Malaysian father and an Indonesian mother, in September 2008.

In his application filed on June 11, 2014, the child sought an order from the High Court for him to be declared a Malaysian citizen.

He wanted the court to compel the Home Ministry and the NRD, which turned down his citizenship application twice, in 2010 and 2013, to issue him a MyKid, the MyKad issued to children under the age of 12.

It was reported that he was issued a birth certificate by the NRD, but only given a 'permanent resident' status.