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> JPN denies citizenship for Tan Jia Yi, over ‘technicality’ News

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joe_star
post Mar 29 2017, 06:59 AM

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QUOTE(Imagination *-* @ Mar 26 2017, 08:46 PM)
I would like to share my story as I have been facing this similar case.
At age 12, I was given my BLUE ic from JPN. I am a Christian by faith and the IC that they give me was Islam. My parents returned it and they replaced it soon after. No complications, no issues.

But at age 14 when I want to travel out of the country, my passport was held by the officers at the passport department and they will not let go of it. My parents were dumbfounded. Says that I'm not Malaysian. EH HELLO!? I HAVE A FKING BLUE IC GIVEN BY JPN!!!  vmad.gif

In the end, I couldn't go out and had to stay with my dad which then needed to stress over this issue and understand why the fuck this happened? I can't quite rememeber much as I was so young back then but alot of lawyers were involved. In the end the root problem was due to marriage certificate came out after I was born. Now can't blame my parents solely for this as my parents was already married but the certificate was out late by the lawyer due to certain complications on my fathers side. My mum can't wait already and have to give birth to me.

Going to JPN, they realised that they mistakenly give me my blue IC and countless times they want it back. They keep saying awhile and don't worry but my parents knew that once it is handed over, it is GG already. Gotta salute my parents for this. My parents made countless copies of my IC in colour in case of anything.

My dad had to do blood tests to confirm that he is my real father.  sad.gif    And so many other paper works that is so stressful and tiresome. Need to go meet MCA, councils and so on. AND COUNTLESS FOLLOWUPS.

My dad died of cancer a couple of years after this incident happened and all this burden was then passed onto my mum which had 0 knowledge in these things. But she is strong willed. Sometimes when I get mad at her, I reflect back soon her relentless sacrifice for me to obtain my "citizenship" and  cry.gif. I am such an ungrateful child  cry.gif

My mum fought on for the upcoming years, following up with JPN non stop until they can't tahan already and offered to give me a RED IC instead and promise to give me a blue one after. I will always remember this moment as I was so naive that time and actually tried to talk to my mum into accepting it. My mum called me stupid and rightfully so. If they regain back my blue IC then it's really gg. I was really frightful of my future at that time as I was going to start my university and soon after gona have work. SO many things can go wrong without a valid IC.

My mum persevered to keep on going to Putrajaya and pushing them. AND FINALLY 10 YEARS LATER, THEY GIVE IN AND GRANT ME MY REAL BLUE IC. I had to angkat sumpah and all that. I will like to take this opportunity to thank my mum and dad for your countless struggles in order to protect my future.

I really hope that the many others that are currently in the similar situation as I was before hang on tight and keep on fighting!

-Imagination *-*-
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Did you at any point manage to get passport to travel out?
azerak
post Mar 29 2017, 10:12 AM

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QUOTE(zeus2005 @ Mar 29 2017, 06:07 AM)
So now gip citizenship based on BM understanding and can follow instruction u mean?
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there are rules and procedure in applying for a citizenship. if one can't even understand simple rules and procedure in applying, don't blame others who have met the requirements and applied after understanding how the procedure works.
maxpudding
post Mar 29 2017, 10:17 AM

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QUOTE(zeus2005 @ Mar 29 2017, 06:07 AM)
So now gip citizenship based on BM understanding and can follow instruction u mean?
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You go america also you need to understand the law and follow instructions to gain their citizenship, asswipe
kurangak
post Mar 29 2017, 01:10 PM

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QUOTE(zeus2005 @ Mar 29 2017, 06:07 AM)
So now gip citizenship based on BM understanding and can follow instruction u mean?
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go try to apply greencard without knowing how to speak english, or learn american history/american constitution, see what u get...
Imagination *-*
post Mar 29 2017, 08:00 PM

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QUOTE(joe_star @ Mar 29 2017, 06:59 AM)
Did you at any point manage to get passport to travel out?
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Yes only after I get my "real" blue mykad.
joe_star
post Mar 29 2017, 09:07 PM

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QUOTE(Imagination *-* @ Mar 29 2017, 08:00 PM)
Yes only after I get my "real" blue mykad.
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So you never stepped out of malaysia before that? Sad
kaffra
post Mar 30 2017, 02:18 AM

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KUALA LUMPUR, 1 Rejab 1438H, Rabu – Anak wanita warga asing yang lahir di luar perkahwinan tidak akan diberi taraf kewarganegaraan, meskipun bapanya adalah warganegara, kata Datuk Seri Ahmad Zahid Hamidi.

Jelas beliau, Seksyen 17 Jadual Kedua Bahagian III Perlembagaan Persekutuan menyatakan penentuan kewarganegaraan bagi kes sedemikian berdasarkan kewarganegaraan ibu.

“Justeru, menjadi tanggungjawab kedua-dua ibu bapa kanak-kanak itu untuk menguruskan dokumen pengenalan diri dan dokumen perjalanan dengan negara asal ibu kanak-kanak melalui kedutaan negara masing-masing,” kata Timbalan Perdana Menteri.

Beliau berkata demikian dalam jawapan bertulis 21 Mac lalu kepada soalan William Leong Jee Ken (PKR-Selayang) yang meminta KDN menyatakan langkah bagi menyelesaikan masalah kewarganegaraan bagi kanak-kanak tersebut.

Zahid berkata, kelahiran di negara ini tidak membolehkan mana-mana individu mendapat kewarganegaraan secara automatik.

“Status warganegara adalah anugerah tertinggi yang diperuntukkan dengan jelas dalam Perlembagaan Persekutuan,” katanya lagi.
joe_mamak
post Mar 30 2017, 02:29 AM

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Looks like this has to go to the courts.
Invince_Z
post Mar 31 2017, 12:55 AM

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QUOTE(desmond2020 @ Mar 22 2017, 01:07 PM)
Where got say must be married to be called father in constitution

Appreciate your enlightenment

Before you go to schedule 2 part 3 to invoke the illigimate child thing
Please check legitimacy act 1961 where an illegitimate child can become legitimate after parents get married before or after his or her birthday
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ok, i have answer to this legitimacy act relationship with birth act + malaysian constitution.
  1. the act is valid and applicable. neither it (legitimacy act) precede malaysian constitution nor malaysian constitution itself render the act useless/inapplicable.

  2. legitimacy act applicable only to non-muslim.

  3. legitimacy act does made an illegitimate child legitimate by the marriage of his/her (real, not adoptive) parent.

  4. since constitution says, citizenship are determined at birth based on the child mother's nationality (jus singuinis), the legitimacy act cannot be used to justify the child is of malaysian nationality from the operation of law upon his/her parents marriage, which happens after child was born.

  5. based on 4, an illegitimate child who was made legitimate by the legitimacy act, has no basis to claim malaysian citizenship by the operation of law. the child will remain as non-citizen.

  6. the child will have to apply for malaysian citizenship through authorised agency as other non-citizen, which will be processed case-by-case basis.
that's all I can say and i think i've covered everything. as for the procedures involved, you have to ask the authorised agency. any question?


QUOTE(joe_mamak @ Mar 30 2017, 02:29 AM)
Looks like this has to go to the courts.
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it's almost futile to fight in court since there is already clear white and black requirement of citizenship. the best is to follow procedure lined by the agency.

This post has been edited by Invince_Z: Mar 31 2017, 01:11 AM
joe_mamak
post Mar 31 2017, 01:55 AM

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QUOTE(Invince_Z @ Mar 31 2017, 12:55 AM)

it's almost futile to fight in court since there is already clear white and black requirement of citizenship. the best is to follow procedure lined by the agency.
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But if what the father said is true, there are extenuating circumstances......
Percival II
post Mar 31 2017, 02:02 AM

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QUOTE(MR_alien @ Mar 20 2017, 09:03 AM)
if u need marriage to make the kid a malaysian
thn what abt single mothers? hmm.gif
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His mother are Indonesian, so technically the kids are indonesia citizen.
lulz
post Mar 31 2017, 02:03 AM

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Bagus.Some say we got enough bangla. No need more of the other type.
joe_mamak
post Mar 31 2017, 02:07 AM

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There is another case earlier. I am not sure if the circumstances are the same as this case though.

http://www.thestar.com.my/news/nation/2013...ts-yanesha-dna/

The Star
Wednesday, 31 July 2013 | MYT 12:13 PM
14-year-old girl gets Malaysian citizenship after DNA test (Updated)

KUALA LUMPUR: It is a happy moment for a 14-year-old girl N.Yanesha who had to undergo a DNA test to prove her biological father was a Malaysian when she finally gets her Malaysian citizenship.

Yanesha's lawyer Annou Xavier informed High Court judge Rosilah Yop on Wednesday.

"I have collected my identity card (IC) at the National Registration department in Putrajaya a week ago," said Yanesha, who is of Malaysian-Filipino parentage.

Her aunt, S.Yogeswari said that Home Ministry has sent a letter a week ago to Yanesha's father S. Nanthakumar informing that her application for IC has been approved and that the girl could collect her IC at any NRD office.

"On the first day, she got a certificate of Malaysian citizenship and then she obtained her IC the next day," she said.

Yogeswari said that the DNA test which Nanthakumar has paid for RM1,500 to get a Malaysian citizenship for his daughter was worthwhile.

Her lead counsel Annou Xavier informed High Court judge Justice Rosilah Yop when the case was up in chambers.

Speaking to reporters later, Xavier said that Justice Rosilah had directed Federal Counsel Haryati Ahmad to get instructions to get the girl a new birth certificate, which stated her status as "warganegara" (citizen).

"She now has a MyKad which she had waited for eight years," he said.

Lawyer Nizam Bashir, who held a watching brief for an NGO - Voice of Children, said Malaysia should revisit on the Child Rights Convention 1951 on its reservation made to Article 7 that each child given right to nationality as it affects the rights for their education in national schools.

Her parents are separated and the girl, born at Bandar Sunway in Petaling Jaya on May 3, 1999, stays with an aunt and carries a birth certificate that states her status is “Bukan Warganegara (not a citizen)”.

Yanesha, whose father is Malaysian national S. Nanthakumar, and mother
Judith Guballo, a Filipina, filed the civil claim through Yogeswari.

The girl named the NRD director-general, the Home Ministry secretary-general and the Government as defendants.

Among others, Yanesha sought for a declaration that she is a citizen under the Federal Constitution.

She applied to the court to direct the defendants to issue her a birth certificate, a MyKad and an order that NRD register and update her name into the register.

TSOM
post Mar 31 2017, 02:57 AM

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conclusion is: cannot have kids if not married?? sad.gif
MonsterPips
post Mar 31 2017, 05:22 AM

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QUOTE(TSOM @ Mar 31 2017, 02:57 AM)
conclusion is: cannot have kids if not married?? sad.gif
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dont piap non malaysian
akatsuki_91
post Mar 31 2017, 06:07 AM

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Divorce with wife. Register the son as citizen biggrin.gif
Then, kahwin balik at the back lo...haha

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