KUALA LUMPUR: An Indonesian mother has filed a suit seeking a declaration that her 13-year-old son, who was issued a birth certificate, is a Malaysian citizen.
In the originating summons filed in the High Court today by solicitors, Messrs Srimurugan & Co, the mother wants the director-general of the national registration department (JPN) to issue her son an identity card.
She also wants JPN to return her son’s birth certificate which is in the department’s possession.
The mother, who is married to a Malaysian, has also named the government as defendant.
In an affidavit in support of her suit, the mother said that she married her husband in 2000 and that they have two children. Their second son was born on Jan 13, 2010.
Both children were issued birth certificates as their father is a Malaysian citizen.
Last year, her husband went to the JPN office in Jalan Duta to apply for an identity card for the younger boy as he had turned 12.
But, the mother said the JPN officer refused to issue the identity card and instead seized her son’s birth certificate.
She claimed in her affidavit that she was advised by her lawyer that JPN had no authority to deny her son an identity card.
She fears that her son would be denied free education, free access to health facilities as well as a Malaysian passport to travel abroad if he is not issued an identity card.
The mother said JPN also refused to respond to any correspondence sent to them on her behalf.
She confirmed that her son was not a citizen of any other country and has not made any application to any foreign state for citizenship.
The mother contends there are legal issues to be determined by the court, including whether JPN’s actions were unconstitutional and tainted with illegality.