Student finally declared a M'sian, gets MyKad

KUALA LUMPUR: A 16-year-old student who claimed to have been treated as a non-citizen by the National Registration Department (NRD), succeeded Tuesday in getting the court to declare him as a Malaysian citizen. High Court Judge Datuk Hue Siew Kheng also ordered the NRD to issue a MyKad to M. Navin, who is of Malaysian-Filipino parentage.

The court further instructed the NRD Director-General, Home Ministry Secretary-General and Government, who were cited as defendants in the case, to pay RM8,000 costs to Navin.

On Dec 17, last year, Navin filed the originating summons through his father R. Moorthy, 40, seeking a declaration that he is a Malaysian citizen.

Navin who had received various appreciation and leadership awards from his school, claimed that he was often teased in school about his status and that his classmates considered him an 'outsider'. He stated that his biological father was Moorthy, a Malaysian citizen while his mother Marissa Novero, a Filipino, could not be traced.

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He applied twice for MyKad, on July 21, 2010 and Nov 17, 2011, but both applications were rejected by NRD, Putrajaya.

Meanwhile, Justice Hue said since the status of the applicant's parents did not affect the application, the first rejection via a letter dated July 25, 2011 was wrong in law, unjust and too harsh. The judge said the second rejection via a letter dated Dec 26, 2012 did not state any reason and this amounted to procedurial unfairness.

"I am satisfied that the defendant (NRD)'s rejection is unjustified," she said, adding that under Article 15A of the Federal Constitution, the applicant is a Malaysian citizen.

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She pointed out that Navin's birth certificate did not state him as 'bukan warganegara' (non-citizen), and his international passport stated that he is a citizen.

Met by reporters later, Navin said he was happy that he could prove he was not a foreigner, after waiting for four years. He was represented by counsel Annou Xavier while the defendants, by senior federal counsel Maisarah Juhari.

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