1. ) FRANCIS D NETTO 2. ) NANCY D NETTO v 1. ) KETUA PENGARAH JABATAN PENDAFTARAN NEGARA 2. ) MENTERI DALAM NEGERI MALAYSIA 3. ) Kerajaan Malaysia

wa-24-27-04-2023 High Court (Mahkamah Tinggi) 7 December 2025 • WA-24-27-04/2023 • 13 min read
4 cases cited (0 SG, 4 foreign)

Catchwords

Constitutional Law: Citizenship – By operation of law – Article 14(1)(b) read with section 1(a) of Part II and section 17 of part III of the Second Schedule of the Federal Constitution – Plaintiffs born to Malaysian father and Indonesian mother-parents were not in a legal relationship at time of birth-marriage was registered after birth – whether one of the parents in section 1(a) can include biological father-whether Federal Court case of CCH has overruled the majority decision of CTEB-whether requirement of jus sanguinis satisfied by the fact of the Plaintiffs’ biological father being a Malaysian citizen

Practice Areas

Constitutional Law: Citizenship

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (3)

Mah Weng Kwai Firm Kirthika a/p Padmanapan Counsel Plaintiff Ng Wee Li Counsel Defendant

Parties (5)

KETUA PENGARAH JABATAN PENDAFTARAN NEGARA Respondent Kerajaan Malaysia Respondent Menteri Dalam Negeri Malaysia Respondent Francis D Netto Applicant Nancy D Netto Applicant

Case Significance

1. ) FRANCIS D NETTO 2. ) NANCY D NETTO v 1. ) KETUA PENGARAH JABATAN PENDAFT... is a High Court (Mahkamah Tinggi) decision dated December 7, 2025 (citation: wa-24-27-04-2023). <p>Two siblings born to a Malaysian father and Indonesian mother sought citizenship declarations, having been born out of wedlock with their parents' marriage only registered in 2007. The High Court granted the declarations, finding that following the Federal Court's decision in CCH, the biological father's Malaysian citizenship satisfied the jus sanguinis requirement under Article 14(1)(b) and s.1(a) of Part II of the Second Schedule, regardless of legitimacy at birth.</p> The case was decided by Alice Loke Yee Ching. Counsel appearing: Kirthika a/p Padmanapan (counsel for plaintiff), Ng Wee Li (counsel for defendant).

Summary

Two siblings born to a Malaysian father and Indonesian mother sought citizenship declarations, having been born out of wedlock with their parents' marriage only registered in 2007. The High Court granted the declarations, finding that following the Federal Court's decision in CCH, the biological father's Malaysian citizenship satisfied the jus sanguinis requirement under Article 14(1)(b) and s.1(a) of Part II of the Second Schedule, regardless of legitimacy at birth.

What was the outcome of 1. ) FRANCIS D NETTO 2. ) NANCY D NETTO v 1. ) KETUA PENGARAH JABATAN PENDAFT...?

<p>Two siblings born to a Malaysian father and Indonesian mother sought citizenship declarations, having been born out of wedlock with their parents' ...

Statutes Cited

Federal Constitution

Cases Cited (4)

MY (4)
[2017] 3 MLJ 308 [2018] 1 MLJ 307 [2021] 4 MLJ 236 [2021] 6 CLJ 471