Justice Wan Ahmad Farid Wan Salleh ordered that the document be issued within 30 days from today.

In his ruling, Wan Farid took cognisance of a DNA report, which was not disputed by JPN, confirming the applicant to be the boy’s biological father.

In an oral ruling delivered online, Wan Farid held that the boy had fulfilled all the requirements of Article 14 of the Federal Constitution read with paragraph 1(a) of Part II to its First Schedule, making him a citizen “by operation of law”.

The judge also said he relied on the reasonings by Chief Justice Tengku Maimun Tuan Mat in the case of CCH & others v Pendaftar Besar bagi Kelahiran dan Kematian, Malaysia (2022), which had adopted the minority judgment in CTEB & other v Ketua Pengarah Pendaftaran Negara (2021).

In his affidavit in support of the application made in June last year, the boy’s father, a 27-year-old hawker, said his son was born at a private hospital in Kuala Lumpur in July 2018, a month before his marriage to the boy’s Vietnamese mother was registered.

However, the birth certificate issued by JPN classified the boy as a non-citizen.

In November 2021, the father applied to JPN for his son’s birth certificate to reflect his Malaysian citizenship but received no reply.

Despite a letter of demand sent in March last year, JPN rejected his application.

The plaintiff then filed for judicial review in June last year, seeking a declaration that the boy is a citizen of Malaysia by operation of law.

The father also sought a mandamus order directing JPN to reissue the birth certificate to reflect the boy’s Malaysian citizenship.

Lawyer Marcus Lee, who was assisted by Lim Yi Shean, said the ruling was yet another positive development in the law governing citizenship in Malaysia.

Federal counsel Sallehuddin Ali appeared for the government.