THE Federal Court today granted leave to six mothers to appeal against an appellate court decision to deny automatic citizenship to children born overseas to Malaysian mothers and foreign spouses. 

Apart from the six mothers, the application was also filed by Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers). 

In a unanimous decision, Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim, who led the three-judge panel, granted leave to the Malaysian mothers to proceed with their appeal. 

The other judges are Mary Lim Thiam Suan and Vernon Ong Lam Kiat. 

The Federal Court will soon fix dates for the appeal hearing. 

In a statement today, Family Frontiers said the go-ahead for the appeal revives the hope of Malaysian women who have been fighting for decades for equality and legal recognition of their children’s right to be Malaysian citizens. 

“Malaysian mothers are eager for the expeditious hearing of the appeal. 

“This is a long-standing issue, and we want to underscore the urgency of finding a remedy to this inequality. Each day that passes prolongs the harmful effects of this discrimination on Malaysian mothers and their children,” Family Frontiers president Suriani Kempe said in a statement.

Speaking on behalf of affected Malaysian mothers, Myra, who is a plaintiff in the case, expressed her relief that the Federal Court will hear the appeal to do away with a law that discriminates on the basis of gender.

On August 5 this year, the Court of Appeal, in a 2-1 decision, had allowed the government’s appeal to overturn the High Court’s landmark ruling allowing children born overseas to Malaysian women with foreign spouses to obtain Malaysian citizenship.

Gender-discriminatory citizenship laws are not the global norm. Of 195 countries in the world, only 24 countries, including Malaysia, practise systemic discrimination against women conferring their citizenship to their overseas-born children. – December 14, 2022.