KUCHING: Sarawak United People’s Party (SUPP) secretary-general Datuk Sebastian Ting Chiew Yew has welcomed the recent settlement between the federal government, advocacy group Family Frontiers, and six Malaysian mothers, allowing them to apply for Malaysian citizenship for their overseas-born children.
Ting expressed hope that this resolution would pave the way for a fair and expedited process for other stateless children facing similar challenges.
Under the terms of the settlement, children under the age of 18, born overseas to a Malaysian mother and a non-citizen father before the enforcement of the Constitutional (Amendment) Act 2024, may now apply for Malaysian citizenship under Article 15(2) of the Federal Constitution.
One of the key provisions states that these children will be granted Malaysian citizenship if they meet the criteria outlined in Article 26(1), follow the application procedures under Article 15(2), and provide the necessary supporting documents as required by the Constitutional (Amendment) Act 2024.
Furthermore, the settlement confirms that the citizenship status and documents issued to the children of the appellants during the legal proceedings remain valid, subject to compliance with the relevant provisions of the amended law.
The Constitutional (Amendment) Act 2024, passed by the Dewan Rakyat last year, grants both parents the right to confer Malaysian citizenship to their overseas-born children. However, it does not apply retrospectively.
Ting, who also serves as Sarawak’s Deputy Minister of Tourism, expressed his relief and appreciation for the settlement, having closely followed the case for years.
The legal battle began when Family Frontiers and six Malaysian mothers, married to foreign nationals, filed an originating summons in the High Court, seeking Malaysian citizenship for their children.
In September 2021, the High Court ruled in favour of Family Frontiers and the six Malaysian mothers, affirming their overseas-born children were entitled to Malaysian citizenship.
On August 5, 2022 – the Court of Appeal overturned the High Court’s ruling in a 2-1 decision.
December 14, 2022 – The Federal Court granted leave for Family Frontiers to appeal the Court of Appeal’s decision.
Ting said the resolution marked the end of a long and arduous legal struggle.
“After years of uncertainty, the federal government has finally agreed to a settlement, allowing these Malaysian mothers’ children to apply for citizenship,” he stated.
Throughout his political career, Ting has encountered numerous citizenship cases and witnessed the difficulties faced by stateless families, who endure bureaucratic delays, uncertainty, and limited access to essential services such as healthcare and education.
Since 2004, he has successfully assisted more than 50 individuals, including many young children, in obtaining Malaysian citizenship, enabling them to live with certainty and enjoy their full rights as Malaysians.
He urged the federal government to take citizenship issues, particularly in Sarawak, seriously.
“The complex application procedures place an enormous burden on both children and parents. Some children are even denied access to healthcare and education, experiencing discrimination due to their stateless status,” he emphasised.
Ting expressed hope that the landmark settlement between the federal government, Family Frontiers, and the six Malaysian mothers would offer encouragement to other stateless individuals currently awaiting the outcome of their citizenship applications.
