On 22 December 2021, the Court of Appeal unanimously dismissed the Government’s application for a stay of execution of the High Court decision. This means that now Malaysian mothers can obtain identity documents (IC) for their overseas-born children, consequently putting an end to these children’s struggles with regards to access to fundamental rights—this includes affordable healthcare and education, and the ability to live with their family without the fear of separation.

“The Court of Appeal’s decision has given Malaysian mothers and their children temporary relief from a long-standing problem that has caused them extreme anxiety, distress and trauma. It demonstrates the Court’s recognition of the urgency and importance of children being granted their national identity documents immediately, so that Malaysian families have a chance to be reunited,” said Suri Kempe, the main respondent of the appeal.

By virtue of the High Court decision on 9 September 2021, Malaysian mothers are vested with the constitutional right to automatically confer citizenship on their overseas-born children on an equal basis as Malaysian fathers. As you know, the Government filed an appeal against the 9 September 2021 High Court decision. It also made 3 attempts to suspend implementation of the judgment; one at the High Court, and two at the Court of Appeal.

Previously, the High Court judge dismissed the stay application with costs to the plaintiffs, Family Frontiers and 6 mothers,  as it was “unnecessary”. The judge reasoned that the Government should not be placing hurdles before the mothers; and that the Malaysian mothers would be prejudiced by the indefinite delay caused by a stay. The High Court judge clearly stated that “the hardships faced by the mothers are current hardships and they have waited long enough.”

Dissatisfied, on 16 November 2021, the Government filed a stay application at the Court of Appeal and another temporary stay application at the same court the next day. The temporary stay application was heard on 6 December 2021 for which the Court of Appeal made no order. Instead, the hearing for the stay application was brought forward from 18 March 2022 to 22 December 2021.

In the spirit of #KeluargaMalaysia, we strongly implore the Government to do the right thing by withdrawing the appeal and implementing the High Court decision without delay.

To our fervent supporters, we welcome your contributions in supporting our Malaysian mothers’ initiative in equal citizenship rights. You may join hands with us and make your donations here. Every little bit helps.