PUTRAJAYA: The Court of Appeal has dismissed the government's bid to strike out a lawsuit seeking automatic citizenship for overseas-born children of Malaysian mothers and foreign fathers.
A three-member bench led by judge Datuk Azizah Nawawi made the decision today after hearing submissions by parties during the proceeding which was conducted via Zoom.
The others who presided were judges Datuk Abu Bakar Jais and Datuk Seri Mariana Yahya.
The proper hearing of the suit has been set on Aug 24 before High Court judge Datuk Akhtar Tahir.
During the online proceedings, senior federal counsel Ahmad Hanir Hambali appeared for the government while lawyer Datuk Gurdial Singh Nijar represented the respondents.
The government was appealing against the decision by the High Court which dismissed its striking out application of the suit by the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian mothers.
Akhtar had on May 6 dismissed the application saying that it was clear that there was discrimination in Malaysia's citizenship laws against Malaysian mothers, which the government has to justify in the lawsuit.
The government had subsequently gone to the Court of Appeal to appeal the decision.
The government had in April filed the striking out application on grounds that the lawsuit was scandalous, frivolous and vexatious and an abuse of the court process.
In the suit which was filed by way of an originating summons on Dec 18 last year, the rights group and six Malaysian mothers had named the government as the sole defendant.
They are seeking six specific court orders, including a declaration that Section 1(b) and Section 1(c) of the Second Schedule, Part II of the Federal Constitution be read harmoniously with Article 8 (2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.
Among other things, they are also seeking a court order for all relevant government agencies, including the National Registration Department, Immigration Department and Malaysian embassies, to issue all documents relating to citizenship (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.