(Miri, 10th) Following the settlement reached between the federal government, the non-governmental organization 'Family Frontiers', and six Malaysian mothers, allowing them to apply for citizenship for their children born overseas with foreign spouses, Datuk Sebastian Ting Chiew Yew, Secretary General of the Sarawak United People's Party (SUPP), who has always been concerned about citizenship issues, expressed his relief and hopes that other stateless children facing similar situations can soon see the light.
According to the terms of the settlement announced by the media, children under the age of 18 born before the 2024 constitutional amendment last year, with Malaysian mothers and foreign fathers, are eligible to apply for citizenship under Article 15(2) of the Federal Constitution.
One of the provisions is that according to the application procedures stipulated in Article 26(1) and Article 15(2) of the Federal Constitution, and the required supporting documents, the children will be registered as Malaysian citizens under the existing conditions prescribed by the 2024 Constitutional (Amendment) Act.
Another provision is that the citizenship status obtained by the appellants' children born overseas during the appeal, as well as the documents issued, will remain valid but must comply with the relevant conditions prescribed by the 2024 Constitutional (Amendment) Act.
The 2024 Constitutional (Amendment) Act was passed by the House of Representatives last year, allowing both parents to pass on Malaysian citizenship to their children born overseas, but the law does not have retroactive effect.
Sebastian Ting, who is also the Deputy Minister for Tourism of Sarawak, stated in a press release today that he feels relieved after learning about the settlement reached by 'Family Frontiers' and the six Malaysian mothers with the federal government, as he has been closely following the progress of this case for many years.
Previously, 'Family Frontiers' and six Malaysian mothers, who married foreign husbands and gave birth overseas, filed an originating summons in the High Court to fight for Malaysian citizenship for their children.
In September 2021, the High Court ruled in favor of 'Family Frontiers' and the six Malaysian mothers, stating their children born overseas have the right to obtain Malaysian citizenship, but the Court of Appeal overturned this decision by a vote of 2-1 on August 5, 2022.
On December 14, 2022, the Federal Court issued a permit allowing 'Family Frontiers' to appeal the decision of the Court of Appeal to the Federal Court.
“After a long and arduous struggle, the federal government eventually agreed to settle and allow these Malaysian mothers' children to apply for citizenship.”
Sebastian Ting stated that throughout his political career, he has received countless applications for citizenship, and has witnessed parents and children trapped in helplessness due to statelessness, facing many inconveniences in life, which makes him feel very distressed.
Since 2004, he has successfully assisted over 50 individuals in applying for citizenship, including young children who, after successfully obtaining citizenship, finally felt relieved and enjoyed the benefits of citizenship.
He said the federal government should take the issue of citizenship in the country, especially in Sarawak, seriously. When dealing with citizenship applications, the authorities should empathize with the situation of the applicants and accelerate the review and granting of citizenship, rather than making applicants wait for years, or even decades.
“Due to cumbersome application procedures, both children and parents suffer greatly, and some unfortunate children cannot enjoy medical and educational benefits like others and suffer long-term judgmental looks.”
He hopes that after the federal government reached a settlement with 'Family Frontiers' and the six Malaysian mothers, it can inspire and encourage others who are applying or waiting for the results of their citizenship applications, particularly stateless children or individuals, to persevere to the end.