KOTA KINABALU, Aug 26 — A businessman was yesterday granted leave to apply for judicial review at the High Court here against the director of the National Registration Department for allegedly refusing to issue the infant’s birth certificate.
Justice Ismail Brahim allowed Ong Seng Teng’s ex-parte application yesterday and fixed October 6 this year for the judicial review hearing.
Ong filed his application for leave on February 12, naming the director of the National Registration Department as sole respondent.
The 35-year-old applicant sought:
(a) an order of certiorari to quash the decision of the respondent and/or the officers of the respondent dated November 26, 2019 to allegedly refuse the issuance of a birth certificate pursuant to the provisions of the Births and Deaths Registration Rules 1958 (Rule 16) to the son of the applicant born on November 22, 2019.
(b) an order of mandamus to the respondent and/or his officers to issue a birth certificate pursuant to the provisions of the Births and Deaths Registration Rules 1958 (Rule 16) to the son of the applicant born on the said date.
(c) a declaration that the refusal of the respondent and/or his officers under the provisions of the Births and Deaths Registration Rules 1958 (Rule 16) to the son of the applicant born on the said date 22nd was allegedly unlawful, ultra vires, null and void.
(d) costs and any other remedy deemed fit by this court.
The applicant, who was represented by counsel Marcel Jude Joseph, also stated in his application that pursuant to Article 11 of the Federal Constitution, it states that every person has the right to profess and to practice his or her religion.
Ong, who is a Buddhist, also stated that pursuant to Article 12(4) of the Federal Constituition, it states that the religion of a person under the age of 18 years shall be decided by his parent or guardian.
The applicant claimed that when he wanted to have the birth certificate for his child after applying for it on November 26, 2019, he was unlawfully refused by the respondent and/or his officers which was allegedly unlawful, null and void.
Senior federal counsel Mohd Hafizi Abd Halim acted for the Federal Attorney General’s Chamber. — Borneo Post Online