Currently, the law allows overseas-born children of Malaysian fathers to obtain automatic citizenship under Article 14(1)(b) through Borang D. However, Malaysian mothers, like yourself, do not have the same right and must apply for their children’s citizenship under [Article 15(2) Borang B, a process marred with delays and inconsistencies.
To address this inequality, Family Frontiers filed a constitutional challenge in the Kuala Lumpur High Court against the Government of Malaysia, the Minister of Home Affairs, and the Director-General of the National Registration Department. Family Frontiers won the case in the High Court, which allowed many Malaysian mothers to apply for their children’s citizenship under Article 14 (Borang D).
However, on August 5, 2023, the Court of Appeal overturned the High Court’s decision in the case of Suriani Kempe & Ors vs. Government of Malaysia & Ors, ruling that Malaysian mothers cannot confer citizenship to their overseas-born children through automatic operation of law. As a result, all Borang D applications submitted by Malaysian mothers have been frozen.
Furthermore, recent constitutional amendment on On October 17, 2024 is not retroactive, meaning it will only apply to children born after it is gazetted. For children born before the amendment is gazetted, including your child(ren), the existing process under Article 15(2) (Borang B) remains applicable.
This means the Borang D application you submitted is no longer applicable. You will need to apply for your child’s citizenship under [Article 15(2) Borang B]. If you have not already done so, it is crucial to submit the application as soon as possible.