Stateless man in Penang granted citizenship after 39 years

Summary

• A 39-year-old stateless man abandoned as a baby has been granted Malaysian citizenship by the Penang High Court.

• Despite living in Malaysia since birth, he remained stateless and filed a legal challenge in 2023 to resolve his status.

• Found near a dumpster in 1984, his abandonment and lifelong residency in Malaysia were key factors in the court’s decision.

A stateless 39-year-old man in Penang, who was abandoned when he was a baby, finally received his citizenship after the Penang High Court ruled in his favour.

High Court judge Quay Chew Soon found that the man had met the criteria set by the law for citizenship under Article 14(1)(b) of the Federal Constitution, as he was born in the country and had not obtained citizenship of any other country since birth.

"He was born in the Federation after Malaysia Day and did not obtain citizenship of any foreign country within one year of his birth.

"This is corroborated by the Penang Welfare Department director, who confirmed that the plaintiff was a victim of abandonment and that his family was unknown," Quay said, as reported by the New Straits Times.

The man, whose name was not revealed, was reportedly found near a dumpster in Chow Kit, Kuala Lumpur, after he was born on Dec 31, 1984.

He was found wrapped in a white towel with his umbilical cord still attached before he was handed over to the Welfare Department four years later.

Despite spending his entire life in Malaysia, he remained stateless.

The man was previously issued a birth certificate with non-citizen status and a temporary identification card set to expire on April 4 next year.

He filed a legal challenge last April to resolve his citizenship status, naming the National Registration Department (NRD) registrar-general, the NRD director-general, and the government as defendants.

‘Born and raised in M’sia’

Quay noted that the man was presumed to have been born in Malaysia to a mother residing here, given the circumstances of his abandonment at Chow Kit Market.

"The defendants focus on some minor discrepancies regarding dates, but the fact remains that the plaintiff was admitted to welfare homes as a toddler after being found by a woman.

"He would be disqualified from obtaining citizenship if he had secured the citizenship of another country at birth or within one year of his birth. That is not the case here.

"The plaintiff is stateless and does not possess citizenship of any other country.

"He was born and raised in Malaysia. He has never been out of the country,” Quay added.

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