The applications of the 18-year-old boy and 13-year-old girl were approved under Article 15A of the Federal Constitution.
The home ministry and the National Registration Department (NRD) will consider the citizenship applications in the remaining three cases after the further particulars of one child are submitted as requested and the other two file their applications under Article 15A.
The article in question provides special powers to the federal administration to register anyone under 21 years of age as a citizen.
Chief Justice Richard Malanjum, chairing the nine-man bench, set Nov 26 to hear the appeals in the remaining three cases in the event that their applications are unsuccessful.
Lawyer Latheefa Koya, who represented the family of the 18-year-old boy, told the bench she had received a letter granting approval of citizenship for him this morning. As such, she said, she was withdrawing the appeal.
For the 13-year-old girl who won her case in the Court of Appeal, senior federal counsel Suzana Atan, representing the home ministry, the NRD director-general and the government, told the court today that she too was withdrawing the appeal as the matter was settled.
Malanjum subsequently struck out the two appeals.
The other judges on the bench were Court of Appeal president Ahmad Maarop, Chief Judge of Malaya Zaharah Ibrahim, Federal Court judges Azahar Mohamed, Aziah Ali, Alizatul Khair Osman Khairuddin, Rohana Yusuf and Mohd Zawawi Salleh, and Court of Appeal judge Umi Kalthum Abdul Majid.
Latheefa, who is also representing the family of an eight-year-old boy, said she was told that the home ministry may consider the boy’s application but that additional information was required.
Lawyer Cyrus Das, appearing for the families of the teenage boys in the two remaining cases, told the court they would file applications for citizenship under Article 15A of the Federal Constitution by Monday.
“We are also retaining Nov 26 for hearing proceedings of the appeal in the event that there is no favourable answer to our applications. The application for citizenship under Article 15A is made without prejudice to the pending appeals,” he said.
On Sept 11 last year, the Federal Court granted leave to appeal on several legal questions including whether the reference to blood or lineage was required under the constitution in determining the citizenship of a child.
The first two cases involved an 18-year-old whose birth parents were unknown but who was adopted by Malaysian parents, and an eight-year-old boy who was born to a Malaysian father and Thai mother who were not legally married when he was born.
Two other cases involved two boys aged 18 and 17 with unknown birth parents who were separately adopted by two Malaysian couples.
In the fifth case, the Court of Appeal bench ordered the government to issue citizenship to a child born to a Malaysian father and a mother from Papua New Guinea.