As pre-Merdeka-born mother’s status undecided

KUALA LUMPUR — Velmurugan, a 38-year-old man who was born in an estate in Tanjung Malim, Perak, today lost his citizenship appeal at the Court of Appeal.

Velmurugan wants to be declared a Malaysian, as his biological mother Balamah was born in Malaysia before Merdeka and his maternal grandmother was born in Perak.

He also highlighted that three of his biological mother’s siblings — who were also born in Malaysia pre-Merdeka — are already registered as Malaysians.

But the Court of Appeal decided that Velmurugan is not entitled to Malaysian citizenship under the Federal Constitution, as his mother’s citizenship status was undetermined when he was born.

Here’s a quick recap of key facts in Velmurugan’s case, and what the Court of Appeal decided:

Velmurugan’s story: A cycle of lack of education and citizenship challenges across generations 

Velmurugan’s grandmother’s citizenship status in official records is undetermined, while both Velmurugan and his mother were uneducated and had late birth registrations.

Up until her death in 2024, Velmurugan’s mother Balamah’s citizenship status in the National Registration Department’s (NRD) records was “Belum Ditentukan” (Yet to be determined), as there were inconsistencies on whether she was born in Perak or Kuala Lumpur and the number of siblings she has.

A DNA test had both certified that Balamah is the biological sister to her Malaysian sister and that Velmurugan is Balamah’s biological son.

Velmurugan had married a Malaysian woman, and his five children are all Malaysians.

Velmurugan said his mother was entitled to Malaysian citizenship as she was born in Malaysia and not born a citizen of any country, based on the Federal Constitution (specifically Article 14(1)(b) and the Second Schedule’s Part II’s Section 1(e)).

Velmurugan also believes that he should also be entitled to Malaysian citizenship for the same reasons.