Two-Week-Old Baby Sues NRD For Being Denied His Birth Certificate

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By THE BORNEOTODAY TEAM
KOTA KINABALU: Another case of error by the National Registration Department has emerged, with a week-old boy mistakenly ‘made’ a Muslim, but this time the Christian parents are heading for the civil court to seek justice.

Despite being the cause of the mistake, the NRD office in Kota Belud have refused to issue the birth certificate of the applicant though the flabbergasted mother and father made persistent requests.

The baby’s mother was issued with the ‘Semakan Maklumat Kelahiran’ (birth information review) when she went to register the birth.

She realised that it was mistakenly stated in the form that the religion of her son was Muslim. The NRD officials when they realized their mistake, cancelled the said form and issued a new one

But they have since refused to issue the birth certificate of the baby despite their persistent requests.

Nathaniel Nick Neklos, who was represented by his parents, on Wednesday filed via e-filling, leave for judicial review, through Messrs Nurul Rafeeqa Marcel Advocates.

He named the Kota Belud branch of the NRD Registrar of Births, as the first respondent and the NRD Sabah director as the second respondent.

Hearing for the case has been set for this March 23.

Nathaniel is seeking an order of mandamus against the respondents to issue to the applicant a birth certificate pursuant to the “semakan maklumat kelahiran” dated March 1, 2017 which is unlawful and ultra vires.

The boy is also asking for damages, costs and any other relief the court deems fit and necessary in the circumstances.

According to people familiar with the case, the parents of Nathaniel in his affidavit in support stated that their son was born on Feb 24, this year at the Kota Belud Hospital.

His mother then went to the office of the Respondents for the registration of his birth.

It was also the beginning of her problems.

By refusing to issue the birth certificate of the applicant, the NRD is seemed to have acted unlawfully to deny the right of the applicant’s citizenship.