The woman married a Malaysian man in 2000 and had two sons. The teenager was born in 2010 and his older brother in 2004.

The younger boy applied for a MyKad when he turned 12 but his case was referred for investigation on grounds that he did not bear any physical resemblance to the Malaysian man.

During the investigation, the man told the officers from the national registration department (JPN) that the teenager was not his biological child. He also said there was no need to conduct a DNA test.

Investigations into the case remain ongoing.

The Indonesian woman then commenced a lawsuit seeking a declaration that the teenager is a Malaysian citizen by operation of law, as well as an order compelling JPN to issue him a MyKad.

Dismissing her appeal, Justice Azizah Nawawi held that the requirement for citizenship was not fulfilled as there was doubt over the teenager’s paternity.

“The mother failed to prove that her son is a citizen under Article 14(1)(b) of the Federal Constitution read with Section 1(a) of the Second Schedule,” she said, referring to the constitutional provisions’ requirement for citizenship.

The law requires that either the boy’s mother or father be a Malaysian or permanent resident for him to qualify for citizenship.

The other judges who sat with Azizah were Justices Nazlan Ghazali and Azhahari Kamal Ramli. The court made no order as to costs.

The Indonesian woman was represented by lawyers A Srimurugan and J Gunamalar while senior federal counsel Liew Horng Bing appeared for JPN.

Srimurugan said they will seek leave to appeal today’s decision in the Federal Court.