KUALA LUMPUR: A 13-year-old girl went through a DNA test and successfully proved that she is the
biological daughter of a Malaysian citizen and is, therefore, entitled to get
citizenship.
High Court judge Justice
Rosilah Yop asked the parties involved in the civil dispute to look into
possibility of settling the claim after the DNA findings confirmed that her
biological father was a Malaysian, her lead counsel Annou Xavier said on
Friday.
Xavier said that the report dated April 26 
from the Chemistry department had
confirmed that Malaysian lorry driver S. Nanthakumar was the girl’s biological
father.
from the Chemistry department had
confirmed that Malaysian lorry driver S. Nanthakumar was the girl’s biological
father.
Xavier said that the Government, during a case management of the suit, had asked the girl to go
for a DNA test.
The girl – Yanesha – has named the National Registration department (NRD)
director-general, the Home Ministry secretary-general and the Government as
defendants.
- Senior Federal Counsel Maisarah Juhari confirmed the details saying that she would consult with the defendants on whether they want to settle the claim.
- Speaking to reporters here after the court proceedings in chambers, Xavier said that the Government had, so far, filed an application to strike out the claim for a citizenship.
- “They said it (the dispute) should be filed by way of a judicial review application and not by way of asking for declarations through a civil claim,” he said.
- He said the defendants said that the girl had delayed making the application by many years.
- Xavier said the girl had applied for citizenship under Article 15A of the Federal Constitution (special power to register children) in 2005 and 2011 but there had been no response from the NRD director-general.
- “Yanesha had to apply for a student pass from the Immigration Department to enrol in a public school and sit for examinations,” he said.
- He said the judge had set July 31 to ascertain the outcome of the matter.
- Yanesha, whose father is a Malaysian and mother Judith Guballo is a Filipina, filed the civil claim through her aunt S.Yogeswari.
- Yanesha, who was born at Bandar Sunway on May 3, 1999, is currently staying with her aunt after her parents separated.
She was given a birth certificate with the status Bukan Warganegara’ (Not
Malaysian citizen).
Among others, Yanesha is seeking a declaration that she is a citizen under
the Federal Constitution and wants the court to direct the defendants to issue
a new birth certificate and a MyKad to her.
She is asking for an order that NRD registers and updates her name into the
register as well as damages and costs.
Source: Agencies
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