In court, woman born in Pahang to Muslim refugee parents from Cambodia bids to join siblings as Malaysian
Wednesday, 03 Nov 2021 05:13 AM MYT
BY IDA LIM
KUALA LUMPUR, Nov 3 — The Court of Appeal heard yesterday an appeal by a 35-year-old woman — born in a Pahang refugee camp to parents who were Muslim refugees from Cambodia — to be recognised as a citizen of Malaysia.

Azimah Hamzah’s lawyer, N. Surendran, told the court that his client is stateless as she is not a citizen of any country, while also highlighting that Azimah’s refugee parents have already been granted Malaysian citizenship and that all her siblings are Malaysians — leaving her as the only one in the family who is not a citizen.

Based on court documents including Azimah’s own affidavit, her parents and her elder sister were Muslim refugees from Cambodia who had been accepted for settlement in Malaysia since 1985, with the parents and elder sister placed in a refugee camp in Cherating, Pahang until they left the camp in 1987.

It was in June 1986 that Azimah’s refugee parents gave birth to her in the refugee camp in Pahang.

Azimah, her parents and all her siblings are all now in Malaysia. The parents were permanent residents since November 1986 and became naturalised Malaysian citizens in November 2008, while all Azimah’s four younger siblings — born in Malaysia before the parents became citizens — are Malaysians because of the parents’ status. Azimah’s elder sister became a Malaysian in November 2008 via the Federal Constitution’s Article 15A where the government may register persons aged below 21 as citizens in special circumstances as it thinks fit.

Azimah had in 1998 applied for a Malaysian identification card when she was 12, but the National Registration Department had in November 1999 said she was not entitled to Malaysian citizenship by operation of law.

She was then subsequently given a MyKas or a green identity card — introduced since 1990 by Malaysia for non-citizens who have temporary resident status — and allowed to renew it several times before being denied subsequently. Over the years, she had also made multiple attempts to obtain Malaysian citizenship status.

Azimah in October 2018 applied for Malaysian citizenship via Article 14(1)(b) of the Federal Constitution, but her application was rejected in March 2019.

On June 3, 2019, she then filed a lawsuit via a judicial review application against the NRD’s director-general, the home minister and the Malaysian government, to seek various court orders including a declaration to recognise her as a Malaysian citizen and one to compel the issuance of a MyKad or citizenship certificate.

The High Court on March 11, 2020 dismissed Azimah’s lawsuit, which then led to this appeal.
Full article: https://www.malaymail.com/news/malaysia ... ds/2018006

Appeals court rejects citizenship bid for woman born in Pahang to Cambodia refugees, but says can apply to be naturalised Malaysian
Tuesday, 15 Feb 2022 11:03 AM MYT
BY IDA LIM

KUALA LUMPUR, Feb 15 — The Court of Appeal today unanimously decided not to recognise a 35-year-old woman — who was born in a Pahang refugee camp to parents who were Muslim refugees from Cambodia — as a Malaysian citizen.

The woman Azimah Hamzah is the only one in her family who is not yet a Malaysian. She had previously applied but failed at the High Court then appealed to the Court of Appeal to be recognised as a Malaysian by arguing that she is a stateless person with no Cambodian citizenship.

While Azimah was born in Malaysia and her parents and all her siblings had became Malaysians, the Court of Appeal said that she had not fulfilled the requirements under the pathway of Article 14(1)(b) of the Federal Constitution and Section 1(e) of Part II of the Second Schedule of the Federal Constitution.

The Court of Appeal however said that Azimah still had the alternative option of pursuing Malaysian citizenship by way of naturalisation under Article 19 of the Federal Constitution.

In reading the brief grounds of a three-judge panel’s unanimous decision, Datuk Vazeer Alam Mydin Meera said the Court of Appeal agreed with the High Court’s March 2020 decision to dismiss Azimah’s bid for Malaysian citizenship.

Vazeer Alam said the Court of Appeal agreed with the High Court judge’s findings that concluded Azimah is not a stateless person, and also agreed that both Article 14(1)(b) and the Section 1(e) — two constitutional provisions which would enable a person to be recognised as a Malaysian citizen — do not apply to Azimah.

Vazeer Alam said the Court of Appeal panel took note of the fact that Azimah’s parents and all her siblings have subsequently acquired Malaysian citizenship, and went on to highlight the other citizenship route that Azimah could still try.

“We empathise with her predicament. Nevertheless, the door is not closed. It is still open to her to apply for citizenship by naturalisation if the requirements are met.
https://www.malaymail.com/news/malaysia ... ia/2041700