KOTA KINABALU 21/11/2012: A 17-year-old secondary school student yesterday filed an application for judicial review at the High Court here challenging the decision of the National Registration Department (NRD) to refuse her an identity card.
Titin Siau, whose father a Malaysian citizen and mother an Indonesian, filed the ex-parte application at the High Court’s registry through her former teacher Low Chee Hui, 32.
The applicant, who is studying at Sekolah Menengah Ken Hwa in Keningau and is currently sitting for the Sijil Pelajaran Malaysia (SPM), named the NRD as the sole respondent in the application pursuant to Section 12 and Rule 15 of the Births and Deaths 1948.
In her judicial review application, the applicant is seeking an order of certiorari to quash the decision of the respondent to refuse her an identity card and/or a MyKad and also an order of mandamus to the respondent to process her application for an identity card.
Additionally, Titin is also seeking a declaration that she is a Malaysian citizen of Sabah origin, damages, costs and any further relief deemed fit by the court.
Her application was supported by Low’s affidavit-in-support which stated that Low is a school teacher and is presently at SMK Beaufort, Beaufort and was a school teacher in SM Ken Hwa, Keningau from November 1, 2007 to June 1, 2010.
The applicant was a student of Low from 2009 to June 2010 and she obtained 6As and 2Bs in her Penilaian Menengah Rendah (PMR).
Her father Choe Yen Fah is a Malaysian citizen while her mother Martina Yacob is an Indonesian.
The applicant’s father has abandoned the family since she was nine years old and she has not seen her father since then.
The respondent is the authority for the issuance of identity cards in Malaysia including the MyKad.
On October 20, this year, the applicant went to the community hall in Kemabong, Tenom where the respondent was conducting a public booth.
When the applicant reached the booth, she was told by the officers of the respondent that she was a foreigner and was asked to marry a local person to continue to stay in Malaysia.
The applicant felt humiliated and alienated and has been suffering from anxiety for her future.
Titin is represented by counsel Marcel Jude Joseph.
by Kelimen Sawatan