Brothers’ Struggle: Malaysian Birth Certificates but No Citizenship
Source: The Rakyat Post
Brothers Kow Kai Long and Kow Kai Voon are in a tough spot. Despite having Malaysian birth certificates and a Malaysian father, their applications for citizenship have been rejected four times. Now, they need help to raise RM40,000 in legal fees to continue their fight for recognition as Malaysians.
The Issue
Many are aware of the difficulties faced by Malaysian mothers trying to secure citizenship for their children born abroad. The law states that Malaysian citizenship is automatically granted if the father is Malaysian. However, in the case of Kai Long and Kai Voon, even with Malaysian birth certificates and a Malaysian father, they remain stateless.
Their Story
The brothers’ citizenship troubles stem from their mother being Indonesian and their parents not registering their marriage. Kai Voon was born in 1997 in Sentosa Medical Center, Kuala Lumpur, and Kai Long was born in 1998 in Selayang Baru, Selangor. Their mother left when Kai Long was just six months old, and the family has had no contact with her since.
The brothers went through school without issues, treated as Malaysians until a 2009 letter from school requested them to renew their birth certificates due to a new law. The new birth certificates labeled them as Indonesians, based on their mother’s nationality.
Their father applied for their citizenship under Article 15A of the Federal Constitution on 21 October 2009, which allows for citizenship under special circumstances for individuals under 21. The application was rejected on 11 November 2010, but they were told they could appeal in a year. They applied again on 8 December 2011, only to be rejected on 26 December 2012. Their third attempt on 24 February 2013 was also rejected on 23 March 2015.
After these rejections, they consulted a lawyer known for success in similar cases but were quoted RM120,000 for both brothers. Unable to afford this, they did not pursue it further. Their father passed away on 31 May 2018, before the issue was resolved.
On 21 October 2018, their uncle submitted their fourth citizenship application as their guardian. After five years, the application is still pending.
Current Efforts
The brothers have now sought help from the law firm MahWengKwai & Associates, which has a strong record in handling statelessness cases. According to Project I SEE, the plan is to file the Originating Summons and Affidavit in Support to the National Registration Department (JPN). The brothers are also advised to get confirmation from the Indonesian Embassy that they are not Indonesian citizens.
The legal fees are quoted at RM30,000, excluding court appearance fees if needed. They aim to raise RM40,000 to cover all legal costs.
Moving Forward
Kai Long explained that individuals above 21 cannot apply for citizenship under Section 15A. Instead, they can apply under Section 19, which is citizenship via naturalisation. Applicants must reside in Malaysia for at least 10 years within a 12-year period, intend to live in Malaysia permanently, have adequate knowledge of Bahasa Melayu, and be of good character.
Malaysian Citizenship Criteria
There are three scenarios where a child born in Malaysia may not be considered a Malaysian citizen:
- A non-citizen mother with a Malaysian father, but their marriage was not registered (similar to the Kow brothers’ case).
- A non-citizen mother with a Malaysian resident father, but they are not married.
- Both parents are non-citizens, regardless of their marital status.
The Kow brothers’ situation highlights the complexities and challenges faced by stateless individuals in Malaysia. Their story is a call to action for more inclusive and compassionate policies.
