ABCD v Minister for Immigration and Border Protection

[2014] AATA 18

Division GENERAL ADMINISTRATIVE DIVISION

File Number(s)

2013/2635

Re

ABCD

APPLICANT

And

Minister for Immigration and Border Protection

RESPONDENT

Decision

Tribunal
Mr S Penglis, Senior Member

Date 7 January 2014

Place Perth
Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 (Cth):

1 The reviewable decision dated 21 May 2013 is set aside.

2 The matter is remitted to the Respondent to determine the Applicant’s Application for Australian Citizenship by Descent in accordance with the Tribunal’s Decision and Reasons for Decision.

...(Sgd) S Penglis.....................................................................
Mr S Penglis, Senior Member
Catchwords
CITIZENSHIP – evidence establishes that an Australian citizen is one of the Applicant’s parents – decision under review set aside – turns on its own facts
Legislation
Australian Citizenship Act 2007 (Cth), s16(2)(a)
Cases
Drake and Minister for Immigration & Multicultural & Ethnic Affairs (No 2) (1979) 2 ALD 634
H v Minister for Immigration & Citizenship [2010] FCAFC 119
Hudson v Minister for Immigration & Citizenship [2012] FCAFC 23
Secondary Materials
Australian Citizenship Instructions, 1 July 2013
REASONS FOR DECISION
Mr S Penglis, Senior Member
7 January 2014
Overview

The Applicant was born in the Philippines on 1 January 2013.
He was represented in this matter by JM, an Australian citizenship who claims to be the Applicant’s “parent” within the meaning of sub-section 16(2)(a) of the Australian Citizenship Act 2007 (Act).
On 24 January 2013, JM, on behalf of the Applicant, lodged an Application for Conferral of Australian Citizenship.
By decision dated 21 May 2013, a delegate of the Minister refused the Application (reviewable decision). The delegate concluded that the Applicant had failed to establish that he “had a parent who was an Australian citizen at the time of (his) birth”, stating “based on the DNA testing report showing that the sponsor, (JM), is not the biological father of the applicant …”.
On the evidence before the Tribunal, the Tribunal also finds that JM is not the biological father of the Applicant.
The evidence does establish, however, that JM is the Applicant’s “parent” within the meaning of that word as it appears in section 16 of the Act and as construed by the Federal Court of Australia.
The issue
As noted above, section 16(2)(a) of the Act provides that a person born outside Australia on or after 26 January 1949 is eligible to become an Australian citizen if “a parent of the person was an Australian citizen at the time of the birth”.
It was not in dispute that in determining whether JM is a “parent” of the Applicant at the time of the Applicant’s birth – it also not being in dispute that JM was at that time an Australian citizen – the Tribunal may have regard to and apply the relevant Ministerial Policy, namely the Australian Citizenship Instructions (ACIs) that were published on 1 July 2013, see, for example, Drake and Minister for Immigration & Multicultural & Ethnic Affairs (No 2) (1979) 2 ALD 634 at 643 and 645.
In this regard, the ACIs relevantly provide as follows:
“19.2.2     Fraud
An application requires additional scrutiny if one or more of the following circumstances apply:
·     the person stated to be the child’s mother travelled by air in what would have been a very advanced state of pregnancy (most airlines will not carry a passenger after the 28^th week of pregnancy)
·     the person stated to be the child’s mother is of mature age and the birth certificate shows the child to be her first born
·     the person stated to be the child’s mother claims to have had no prenatal attention from a doctor in Australia
·     a person stated to be a parent is not contactable
·     the person stated to be the child’s mother claims she had no antenatal care
·     an application is lodged by a responsible parent in Australia and the child is off-shore
·     the birth certificate was issued many years after the birth
·     the travel movements of the persons stated to be the parents indicate that they could not have been together at the time the child would have been conceived
·     a child notionally eligible for citizenship applied for a visa before seeking citizenship or evidence of citizenship.
There have been fraudulent attempts to register adopted children for citizenship by descent. This is often difficult to detect because in many countries a new birth certificate is issued without any reference to the natural parents or the fact that the child has been adopted.
Any fraudulent attempt to obtain citizenship or evidence of citizenship should be reported to the Citizenship Helpdesk so that details can be included on MAL.
…
19.4.2 Factors to be taken into account
For citizenship by birth (s12), the parent-child relationship between the Australian citizen or permanent resident and the applicant must have existed at the applicant’s time of birth. Similarly, for citizenship by descent (s16), the parent-child relationship between the Australian citizen and the applicant must have existed at the applicant’s time of birth. The applicant (or, if applicable, their responsible parent) should be asked to provide evidence of the length and nature of the Australian citizen’s or permanent resident’s parental relationship with the child.
Note: Evidence of the length and nature of the relationship between the claimed parents may corroborate the evidence of the relationship between the applicant and the Australian citizen parent, but is not in itself evidence of the parent-child relationship.
It is unlikely that any one piece of non-biological evidence would be sufficient to prove the required parent-child relationship. The decision maker more likely will be required to weigh up any relevant factors, including social and legal, to reach a finding of fact as to whether the claimed parent is (was) or is (was) not a parent of the applicant at the relevant time.
Evidence that the claimed parent-child relationship existed at the time of the applicant’s birth may include, but is not limited to:
·     anything which would show the Australian citizen’s inclusion as a parent on the birth certificate was done with their prior consent
·     evidence that the Australian citizen was involved in providing care for the unborn child and/or the mother during the pregnancy, for example, emotional, domestic or financial support, making arrangements for the birth and prenatal and postnatal care
·     evidence that the child was acknowledged socially from or before birth as the Australian citizen’s child, for example, the child was presented within the Australian citizen’s family and social groups as being the Australian citizen’s child and
·     when a child is born through a surrogacy arrangement – a formal surrogacy agreement entered into before the child was conceived and lawful transfer of parentage before or at time of birth in the country in which the surrogacy was carried out.
Evidence that the Australian citizen treated the child as their own from some point in time after birth would not by itself be evidence that they were the child’s parent at time of birth, but would lend weight to evidence of the types mentioned above.”
The ACIs also refer to the decision of the Full Federal Court of Australia in H v Minister for Immigration & Citizenship [2010] FCAFC 119 (H), noting that in that case the Full Federal Court “held that it is sufficient that, at the time of birth, an Australian citizen is a parent as that word is understood in ordinary usage. Therefore, citizenship by descent, until then available under the Act to children of Australian citizen biological parents, can also be accessed by children of Australian citizen non-biological parents.”: see paragraph 19.2.1 of the ACIs.
In H, the Full Federal Court held as follows (at [129]):
“Being a parent within the ordinary meaning of the word may depend on various factors, including social, legal and biological. Once, in the case of an illegitimate child, biological connection was not enough: today, biological connection in specific instances may not be enough … Perhaps in the typical case, almost all the relevant considerations, whether biological, legal or social, will point to the same persons as being the “parents” of a person. Typically, parentage is not just a matter of biology but of intense commitment to another, expressed by acknowledging that other person as one’s own and treating him or her as one’s own.”
In Hudson v Minister for Immigration & Citizenship [2012] FCAFC 23, the Full Federal Court of Australia confirmed that the test for whether a person is a “parent” is a question of fact. The Court also noted that H “is no authority for the proposition that a person necessarily becomes the “parent” of a child merely by reason of having married the biological parent prior to the birth of the child”: see [29].
The issue before the Tribunal is thus whether the evidence establishes, as a matter of fact, the “requisite degree of connection” and “intense commitment” between JM and the Applicant to justify a conclusion, as a matter of law, that a “legal parent/child relationship” existed as at the date of the Applicant’s birth, such that, as at that date, JM was the Applicant’s “parent” within the meaning of section 16(2) of the Act.
The facts
The facts of this matter were not materially in dispute.
The Applicant was born in the Philippines on 1 January 2013.
About a year prior to his birth, his mother (M), who lived in the Philippines, and JM, an Australian citizen, established a relationship by “chatting” to each other online.
At the time, M was married (albeit estranged from her husband).
JM and M first met in person when JM travelled to the Philippines on 2 May 2012, returning to Australia on 23 May 2012.
Thereafter, JM made the following trips to the Philippines:
(a)departing Australia on 18 January 2013 and returning on 28 January 2013;
(b)departing Australia on 15 March 2013 and returning on 5 April 2013;
(c)departing Australia on 18 June 2013 and returning on 22 June 2013.
JM gave evidence during the course of the hearing before the Tribunal.
Attached to these Reasons for Decision and marked “A” is a document which JM prepared and confirmed on oath as being true and correct (Document). With one exception (which is not presently relevant), JM was not cross-examined as to the Document.
There was nothing in JM’s evidence, either in its substance or the way it was given, that caused me to have any reservation about the honesty or accuracy of his evidence. Indeed, quite properly, no submission was made by Counsel for the Respondent which was inconsistent with that.
In the circumstances, and given that the Document is not inconsistent with other evidence which was tendered, the Tribunal makes findings of fact in the terms of the Document.
In cross-examination, JM was asked why he was not present at the Applicant’s birth. JM’s response, which I accept, was that he was not present because he was not able to obtain leave from his work to travel to the Philippines to be present at the Applicant’s birth.
JM was also cross-examined as to why he was not present at the Applicant’s christening. Again, JM’s response, which I accept, was that he would have been there, but for the fact that he could not get leave from work.
Amongst the large number of documents tendered on behalf of the Applicant were the following:
(a)the Applicant’s Birth Certificate, noting JM as his “father”;
(b)a “Baptismal Certificate” dated 3 February 2013, noting JM as the Applicant’s father;
(c)an “Affidavit of Acknowledgment/Admission of Paternity” sworn by JM on 21 January 2013 by which JM deposed to the fact that he had allowed the Applicant, described as “my herein son”, to use JM’s surname;
(d)numerous emails passing between JM and his father, both prior and subsequent to the birth of the Applicant, relating to the Applicant’s birth, including attaching photos of the Applicant as a newborn and prior to the Applicant’s birth, informing JM’s father as to M’s health and results of her ultrasounds;
(e)a card “Congratulations on the arrival of your beautiful baby boy” on which various persons, including his aunties, wrote congratulatory comments to JM “on the birth of your baby boy”;
(f)a “Certificate of Divorce” in the Republic of the Philippines evidencing that M was divorced from her former husband by judicial decree dated 15 July 2013.
In all documents tendered concerning the Applicant, the Applicant has the same surname as JM.
At the hearing, JM wanted to tender a large number and volume of “chat-logs” between himself and M to prove the true nature of his feelings for and connection with the Applicant. Leave was granted for a document to be prepared, not exceeding 20 pages, which reproduced a cross-section of the “chat-logs” which JM, on behalf of the Applicant, wished to rely upon. The document so produced (which the solicitors for the Respondent have reviewed to ensure that it is accurate) is attached to these Reasons for Decision and marked “B”.
Also tendered in evidence were documents relating to whether JM was the biological father of the Applicant. They included the following documents:
(a)a report from “easyDNA” indicating that “(JM) is NOT the biological father of (the Applicant) as 4 of 15 genetic markers did not match” (original emphasis);
(b)a report of an ultrasound procedure on 22 November 2012, which included the following entries:
·“Ave.Ultra.Age: 31 weeks 1 day;
·“Conclusion: intrauterine pregnancy, 31 weeks 1 day by foetal biometry, live, singleton, cephallc presentation”
·LMP[1]: 4-10-12
·an “obstetrical & maternal record” on which, amongst other things, the following appears: “LMP:5/3/2012” (ie, 3 May 2012).
[1] The Tribunal was informed that “LMP” stands for last menstrual period
Analysis
Although not determinative of the application, on the evidence, JM’s claim that he is the biological father of the Applicant cannot be sustained. Indeed, on the evidence, I find that he is not the biological father of the Applicant. I make those findings for the following reasons:
(a)the result of the DNA testing was that JM is not the biological father of the Applicant. JM submitted that the DNA testing should be disregarded because it should have been conducted in Australia, but was in fact conducted in the US. Moreover, it was submitted that, on the documents, the DNA samples of JM and M could be tracked to the laboratory in the US, but there was no evidence of the Applicant’s samples being delivered there.
Neither of those matters are sufficient to cause me to doubt or otherwise disregard the DNA report: it is clear that the laboratory considered it had samples of DNA from 3 people and the fact that it was undertaken in the US rather than Australia is irrelevant;
(b)the Ultrasound Report is consistent with a date of contraception on or about 18 April 2013, some 2 weeks before JM first travelled to the Philippines and met M;
(c)it was submitted on behalf of the Applicant that the notation on the “obstetrical & maternity record” of M’s last menstrual period as 3 May 2012 was the best evidence of that fact and, hence, was inconsistent with the Ultrasound Report and meant that JM could have been the Applicant’s biological father. I reject that submission because the Ultrasound Report records M’s last menstrual period as being 10 April 2012 and I consider that document to be more reliable than information subsequently communicated by M over a month later when she was admitted to the Silliman Medical Centre to give birth to the Applicant. I am of that view for 2 reasons:
·M is likely to have had a better recollection of when her last menstrual period occurred when asked for that information during the course of a routine ultrasound in November 2012, rather than when being asked for that information when about to give birth;
·there is a greater probability of incorrect information intentionally being provided a few weeks before an application is made for conferral of Australian citizenship.
I therefore turn to consider whether, notwithstanding that I find he is not the biological father, JM was nevertheless the “parent” of the Applicant at the time of the Applicant’s birth.
In this regard, it is important to bear in mind that when considering whether the evidence establishes an intense commitment from JM to the Applicant expressed by acknowledging and treating the Applicant as JM’s own, the Applicant lives with M in the Philippines and JM lives in Perth. Accordingly, and by way of example, the fact that JM was not present when the Applicant was born or christened, being facts ordinarily inconsistent with a relationship of “parent” and “child”, need to be considered and weighed up in their proper context.
Having regard to the evidence referred to herein and attached hereto, and applying the “additional scrutiny” of which section 19.2.2 of the ACIs calls for, I make the following findings:
·JM and M are in love. They intend to marry (M now being divorced from her former husband) and are presently engaged;
·JM believes the Applicant to be his biological son;
·irrespective of whether or not the Applicant is JM’s biological son, JM loves the Applicant and behaves exactly as one would expect a father to behave given that his infant child and the child’s mother live in another country;
·the Applicant has JM’s surname and JM is shown as the Applicant’s “father” on the Applicant’s birth certificate and other official documents, all with JM’s consent;
·JM was involved in providing care for M during her pregnancy, including emotional and financial support. He provided no domestic support or made arrangements for the birth and prenatal and postnatal care, but that is explicable by the fact that, at those times, they lived in different countries;
·the Applicant has been acknowledged socially from, indeed, before birth, as JM’s child;
·JM has treated the Applicant as his own at all times since learning that M was pregnant.
The circumstances by which JM and M made contact, the fact that, on the evidence, JM is not the Applicant’s biological father, the fact that, when the Applicant was born, M was married to a person other than JM, the relatively little physical contact between JM and M and JM and the Applicant, all give good cause to treat the assertion that JM is a “parent” of the Applicant with great caution and to rigorously scrutinise the evidence to ensure that this Application is not in fact an attempt to obtain citizenship by fraud.
Counsel for the Respondent submitted that the fact that no-one other than JM gave evidence in support of the Application underscores the importance of approaching this matter, and the evidence of JM, with great caution. I agree.
Approaching the whole of this matter, including JM’s evidence, with great caution and rigorously scrutinising it, I nonetheless have no hesitation in concluding that this is not an attempt to obtain citizenship by fraud and that JM is the Applicant’s “parent” within the meaning of section 16(2)(a) of the Act. In my opinion, JM’s evidence, fortified by the documentary evidence which has been provided to the Tribunal, satisfy the test enunciated by the Full Federal Court of Australia in H as to parentship for the purpose of section 16(2)(a). In this regard, I refer in particular to the Document, each of the documents referred to in paragraph 26 above and the additional findings I have made in paragraph 33 above. Indeed, I consider the evidence in support of JM being the “parent” of the Applicant to be overwhelming.
Conclusion
For the reasons set out above, I am satisfied that, on the evidence, and applying the decisions of the Full Federal Court of Australia in H and Hudson, as well as having regard and giving due weight to sections 19.2.2 and 19.4.2 of the ACIs, JM was the “parent” of the Applicant as at the date of the Applicant’s birth.

It follows that the reviewable decision ought be set aside.
Counsel for the Respondent submitted that in the event that I should reach that conclusion, the appropriate course would be to remit the matter to the Respondent to determine the Applicant’s Application for Australian Citizenship by Descent in accordance with the Tribunal’s Decision or Reasons for Decision, a submission with which JM did not take issue. Accordingly, that is what will occur.

I certify that the preceding thirty-nine (39) paragraphs are a true copy of the reasons for the decision herein of Mr S Penglis, Senior Member

…(Sgd) T Freeman……….
Associate

Dated: 7 January 2014

Date of hearing:

4 December 2013

Representing the Applicant:

His father

Counsel for the Respondent:

Ms S Wende

Solicitors for the Respondent:

Sparke Helmore

Attachment “A”
16 February 2012
Engagement ring purchased for (Mother)
Receipt available
24 March 2012
(Mother) and I agreeing to start our own family and the best options for a successful delivery, also discussion of gender preference of our baby and how getting pregnant may affect our lives, both agreed in May when I next visit to start our own family
Chat logs available
3 May 2012
I flew from Australia to Philippines to spend 3 weeks with (Mother) – arrival 3 May departure 22 May 2012.
Passport entry and exit stamps available – airline receipts available – hotel receipts available – photos available
17 May 2012
Before my fiancé and I knew we were expecting a baby we flew up to Manila to discuss with a registered Australian migration agent in person at his Manila office a fiancé visa application for (Mother).
Email available
27 May 2012
Registered Australian Migration Agent Jeff Harvie from Down Under Visa received payment from (JM) to sponsor (Mother) for a fiancé visa
Email available – bank statement available
31 May 2012
(Mother) shared the news with me after doing a pregnancy test that day. My conduct was of utter happiness that we were going to have a baby. I prepared the spare bedroom in my home for (Applicant). I made domestic arrangements for (Mother). We discussed purchasing a home for (Mother) south of the Philippines so that she would be safe and comfortable during the term of her pregnancy with access to fresh fruit and vegetables. I paid the airline tickets and provided allowance for (Mother) to go down to Siquijor to look for a house to purchase.
Chat logs available – airline ticket receipt available – photo available of pregnancy test sent to me
31 May 2012
(Mother) sent me a photo of a pregnancy with two red bars showing positive. This is when we knew we were going to have a baby. I organised and purchased a plane ticket for (Mother) to go south of Philippines to look at purchasing a property there. (Mother) cannot receive pre-natal care in Australia because she does not meet the medical treatment visa requirements. (Mother) has to prove that she can specifically meet the financial requirement. She cannot due to being unemployed.
Chat logs available – photo available – airline ticket booking available
1 June 2012
I advised my parents that (Mother) and I were going to have a baby. I discussed with (Mother) registering the baby as an Australian citizen by descent in Manila and to have the baby registered as Filipino being born in Philippines.
The minister states to the tribunal that I did not inform my parents of (Mother)’s pregnancy until 1 June 2013. This statement made by the minister is another untruth to the tribunal.
Chat logs available- emails available – Australian grandparents purchase of baby accessories receipts available
4 & 5 June 2012
I purchased a house for (Mother) and (Applicant) on Siquijor Island so that they are comfortable whilst (Mother) is pregnant with our baby and for after (Applicant) is born, they remained secured and safe with suitable shelter $4,000
Chat logs available – receipts available – photos of house available
22 June 2012
Chat log between the applicant’s mother and Australian father discussing what to name the unborn Australian. Money sent from Australian father to the applicant’s mother to buy maternity clothes.
Chat log available
23 June 2012
The applicant’s Australian father acknowledges the unborn Australian by reminding the applicant’s mother of his date of birth and middle name. The Australian parent expresses concern that his details are placed correctly on the unborn Australian’s birth certificate. The applicant’s mother advised that the Australian parent’s name and date of birth has been provided for the pre-natal records.
Chat log available
25 June 2012
Applicant’s mother and Australian father discuss the pre-natal cost and for medicines. Australian parent sends money for cost.
Chat log available – money transfer receipt available – bank statement available
26 June 2012
Australian parent ask the mother how her pre-natal went. Australian parent ask the mother how she is feeling after suffering from morning sickness. Australian parent expresses concern that the mother is now suffering from anemia. Australian parent ask the mother if the doctor can doing anything more to help her and if the unborn Australian baby could be unwell. Australian parent states he wishes he was there to help more. Australian parent states he cancelled his gym membership to be able to support the applicant’s mother better. Australian parent reminds the mother of his unborn baby to keep taking the prescribed medicine he paid for.
Chat log available
28 June 2012
Australian parent ask the mother how her fever is. Australian parent ask the mother how she is feeling since taking iron tablets. Australian parent expresses concern that the mother is not eating well enough. Australian parent immediately sends money for the mother to buy fresh fruit and vegetables. Australian parent expresses concern that the mother should move from Manila to Siquijor where she will have support of other family members. Money sent for food and another pre-natal.
Chat log available – money transfer receipt available – bank statement available
9 July 2012
Australian parent ask the mother how the ultrasound went and asked if our baby is a girl or boy. Australian parent suggest girls name if girl. The mother agrees on name. Ultrasound does not reveal if boy or girl yet. Australian parent ask if our baby is healthy. Australian parent ask the mother to buy clothes for our unborn Australian baby.
Chat log available – money transfer receipt available – bank statement available
9 July 2012
Email from (Applicant)’s Australian parent to (Applicant)’s Australian grandparent (Bernie McMaugh) advising how (Mother) went with her ultrasound and advising that (Mother) will now lodge the fiancé visa application after (Applicant) is born and in the meantime apply for a visitor to Australia so we can be together until the fiancé visa is approved
Email available
28 July 2012
Ultrasounds paid for by me – western union money transfer of $1,500 sent from me to (Mother) for ultrasounds and pre natal costs
receipts available
18 August 2012
Australian parent advised mother of unborn Australian that he has purchased baby clothes for our unborn Australian baby. Australian parent ask if the unborn Australian baby is girl. Australian parent advise the mother that the Australian grandparent has offered to buy a kids bed for my spare bedroom. Australian parent ask the mother what type of diapers will be used for our baby. If she prefers to use disposable diapers or cloth diapers. Australian parent reiterates to the applicant’s mother that it is very important she looks after herself while pregnant and reminds her that she now has to eat for two people.
Chat log available
18 August 2012
Purchase of baby capsule for my vehicle and toddler booster seat for my vehicle
Receipt available
21 August 2012
Australian parent ask the mother if she saw the doctor and if the doctor will deliver our baby. The doctor advised delivery will be in January. Australian parent ask the mother how she is feeling after vomiting on the boat ride. Australian parent advised mother that the Australian grandmother bought a baby blanket for our unborn Australian baby.
Chat log available
22 August 2012
Australian parent expressed concern to applicant’s mother if she had enough money for another check up. Applicant’s mother advised the money the Australian parent sent before is enough. Australian parent asked if this time we will know for sure if our unborn Australian baby is boy or girl. Both parents expressed excitement. Australian parent asked applicant’s mother if the unborn Australian baby will be delivered in Siquijor or Dumaguete.
Chat log available
31 August 2012
Email correspondence between (Applicant)’s Australian grandparent and Australian parent requested to know the gender of the unborn Australian baby
Email available
5 September 2012
(Mother) advised ultrasound showed our unborn Australian to be a girl. Australian parent expressed tears of joy about this news. Expected delivery was anytime from 1^st week of January to the end of January. Australian parent asked how (Mother) is feeling. (Mother) asked if the Australian grandparents have been told the news of the gender of the Australian baby. Australian parent stated yes the Australian grandparents have been told and that they are happy to have a granddaughter. Australian parent asked what the obstetrician says about (Mother) being sick. Australian parent has offered to buy (Mother) a more comfortable bed due to discomfort while being pregnant with an unborn Australian baby.
Chat log available – money transfer receipt available – bank statement available
17 September 2012
Australian parent ask (Mother) how much is the cost to deliver the unborn Australian baby at the private hospital and if the cost includes doctors fees. Australian parent asked (Mother) if the pain and cramps she is experiencing while carrying the unborn Australian baby is getting worse. Australian parent expressed deep concern for the pain and discomfort (Mother) is experiencing and sends money for a check up.
Chat log available – money transfer receipt available – bank statement available
19 September 2012
(Mother) was advised by the doctor that (Applicant) was in the breach position causing extreme discomfort for (Mother). Australian parent asked if (Mother) still has enough medicine and reminds her to keep taking the medicine.
Chat logs available – western union money transfer receipts available
20 September 2012
I purchased a washing machine for (Mother) to wash her and (Applicant)’s clothes in. (Mother) was unable to hand wash clothes due to pain whilst carrying (Applicant). I also provided money to do maintenance on the house in Siquijor purchased for (Mother) and (Applicant).
Chat logs available – western union transfer receipts available
30 September 2012
Notice of intended marriage between (Mother) and I lodged at my local church
Confirmation letter from Minister of Religion available
26 October 2012
Australian parent reminds (Mother) to keep eating fresh fruit and vegetables using the money he sends. Australian parent asks (Mother) if baby formula will be used to feed our unborn Australian baby. Australian parent ask (Mother) what the cost is to buy diapers over there. Australian parent ask (Mother) is she has enough baby clothes and blankets for our baby.
Chat log available
28 October 2012
Australian parent ask (Mother) how is our unborn Australian baby. Australian parent advised (Mother) that he has researched schools in Australia for our unborn Australian baby to attend. Australian parent explains to (Mother) what the school age requirements are in Australia. Australian parent advised (Mother) that he has found a private school only 10 minutes from his home and asked what (Mother) feels about the school. Both parents agreed to plan that after the unborn Australian is born and the Australian parent will show (Mother) the school when she gets here. Australian parent ask (Mother) what is the immunisation schedule in Philippines so that he can prepare to have the vaccines paid for after the unborn Australian is born.
Chat log available
28 October 2012
I researched enrolment into primary schools close to my home for (Applicant). (Mother) and I both agreed we would plan that (Applicant) to go to a private catholic school 10 minutes from my home. I asked (Mother) about the immunisation schedule in Philippines for (Applicant)
Chat log available
29 October 2012
Australian parent re-assures (Mother) that he has enough money to pay all the cost associated with the delivery of our unborn Australian baby. Australian parent ask to know the name of the private hospital where our unborn Australian baby will be born. Australian parent states to (Mother) that he hopes his child is smart enough to attend Silliman Private University later on and that he wants his Australian child to receive the best education available. (Mother) states it’s up to the Australian parent to decide how the best way to educate our unborn Australian child.
Chat log available
29 October 2012
Email from (Applicant)’s father (JM) to (The Applicant’s) Australian grandparent (BM) advising the name of the hospital where (The Applicant’s) mother will deliver
Email available
8 November 2012
Australian parent request (Mother) to have our unborn Australian baby baptised as catholic in Siquijor. Subsequently the Australian baby is baptised in Siquijor which was paid for by the Australian parent.
Chat log – money transfer receipt – bank statement available
8 November 2012
I discussed with (Mother) about getting (Applicant) baptised in Philippines after he is born. I also paid for the baptismal. (Mother) and I both agreed that (Applicant) would follow both parents religion of Roman Catholic.
Chat logs available – photos available – western union transfer receipts available – baptismal certificate available – birth certificate available
14 November 2012
Cost of delivery paid for by me – western union money transfer of $2,373 sent from me to (Mother) for payment to Silliman University Hospital Campus
receipts available
16 November 2012
Australian parent asked (Mother) if she will deliver our unborn Australian baby as natural or caesarean. Australian parent discuss the cost of the delivery for the unborn Australian baby with (Mother)
Chat log available
18 November 2012
Australian parent ask (Mother) how many weeks pregnant she currently is with our unborn Australian baby. (Mother) replied 25 weeks. Australian parent requested (Mother) to all vaccinations done there after our baby is born. Australian parent requested to know the name of the obstetrician. Australian parent encourages (Mother) to get her papers organised for her visa application. (Mother) thanks Australian parent for being supportive.
Chat log available
22 November 2012
The ultrasound report that the minister refers to does not state conception 10 April 2012 as the minister would have the tribunal believe. This is another untruth written by the minister.
Ultrasound report available
1 December 2012
Chat log of (Mother) and the Australian parent discussing what to call our unborn Australian son, after the Australian parent created a long list of names, he was actually the one who came up with the name (Applicant) which (Mother) loved.
Chat logs available
2 December 2012
Further discussion between the Australian parent and (Mother) on boys names. Australian parent reminds (Mother) of the email he sent her for questions that he has asked of the obstetrician who will deliver the unborn Australian baby. Payment of the delivery by the Australian parent discussed with (Mother). Australian parent advised (Mother) of a powerful typhoon approaching and express concern.
Chat log available
2 December 2012
Email correspondence between (Applicant)’s Australian grandparent and Australian parent advised of a super typhoon Bopha heading directly into Siquijor where the applicant’s heavily pregnant mother is. Australian grandparent expresses concern for the unborn Australian.
Email available
3 December 2012
Australian parent advised (Mother) that the Australian grandmother has purchased baby clothes and socks for our unborn Australian baby. The Australian parent advised he will bring them with him to Philippines after his son is born. Australian parent advised (Mother) that he will purchase a stroller for her to make it easier for her to take our Australian baby to places. Australian parent reiterates to (Mother) the name we have chosen for our Australian son.
Chat log available
5 December 2012
Australian parent expressed deep concern about the super typhoon that went through were (Mother) is. Australian parent asked if she is ok and if our house is damaged in Siquijor. Due to long term power outage Australian parent advised (Mother) not to eat any spoilt food because the food could cause serious harm to the unborn Australian baby. Australian parent advised (Mother) to throw out all the food and he will replace.
Chat log available
8 December 2012
In preparation of (Applicant)’s pending birth I requested my local police station to certify my identity and residency documents for the purpose of proof that (Applicant) has a responsible Australian parent in the citizenship by descent application
Certified documents available from the respondent in the section 37 documents
13 December 2012
(Mother) advised Australian parent the obstetrician’s answers that he has asked. (Mother) advise Australian parent the cost of a stroller. Australian parent agrees to purchase there. (Mother) advised Australian parent that his unborn baby is healthy.
Chat log available
22 December 2012
Australian parent advised (Mother) that he will send baby clothes through Australia post which were subsequently sent by the Australian grandparents. Australian parent ask (Mother) what brand milk formula she will feed our unborn Australian baby.
Chat log available
30 December 2012
(Mother) advised Australian parent she has gone to the hospital possibly to deliver. The hospital sent her away cause the doctor told (Mother) that she is not full term until another 2 weeks. Australian parent paid for hotel close to the hospital and allowance for (Mother)’s family to assist her to the hospital.
Chat log available – money transfer receipt available
31December 2012
I am looking for flights from Australia to Philippines because (Mother) is due to give birth middle of January 2013. I asked how the medication is working for (Mother) that I paid for. I expressed general concern on her well being
Chat log available
1 January 2013
(Mother) wishing the Australian citizen parent happy new year and extended Australian family members happy new year. (Mother) asked if I pass this on. I replied yes, and they can’t wait for you to be here. The Australian citizen parent wrote to (The Applicant’s) mother saying he is washing baby clothes for his suitcase for the impending birth of his son and preparing the paperwork to register his new born son at the appropriate jurisdictions. All of a sudden the chat ended at 11:20 am. I went to my parents house and told them I think (Mother) has gone into labour. Later that day at 13:40 hrs (Mother) delivered my first born child.
Chat log available
1 January 2013
The medical report dated 1 January 2013 shows (Mother)’s last LMP (last menstrual period) as 3 May 2012. The applicant’s father arrived in Philippines on 3 May 2012 and departed Philippines on 22 May 2012.
If the minister is to be believed that (Mother) conceived (Applicant) on 10 April 2012, then the minister must also believe (Mother) is the Blessed Virgin Mary who can conceive a child in April, and yet still have her period in the following month of May. The only logical conclusion that can be drawn from this statement made by the minister is the telling of another untruth to the tribunal.
Ultrasound report available – passport entry exit stamps available – hotel receipts available
1 January 2013
My first child, (Applicant) born at 13:40 hrs. Email sent from me to all of (Applicant)’s Australian family members with photos attached of (Applicant) in Hospital nursery

Email available
1 January 2013
(Applicant) was born at the second top private hospital, Silliman University Medical Campus. As his parent, I paid all cost for the medical attention (Applicant) received as an in-patient. Cost for room & board, drugs & medicines, medical supplies, laboratory examinations, other associated fees
Silliman University Hospital Campus records available – Hospital payment receipts available – western union transfer receipts available for hospital bill – chat logs available
1 January 2013
I paid the private room fees for my fiancé, so that she could deliver my son with the best medical attention available. Cost for room & board, drugs & medicines, medical supplies, laboratory examinations, other associated fees
Silliman University Hospital Campus records available – Hospital payment receipts available – western union transfer receipts available for hospital bill – chat logs available
2 January 2013
Photos of (Applicant) sent from (Mother) to me. Photos of (Applicant) shared with his Australian relatives. I made an additional payment to Silliman University Campus Hospital of $400
Chat logs available - western union transfer receipts available – photos of (Applicant) in nursery sent to me available
3 January 2013
Australian parent ask (Mother) about the new born screening of his Australian son and if he is healthy and if (Mother) is also healthy. Australian parent advised (Mother) of what flight he can possibly get so that he can be with (Mother) and (Applicant). Australian parent ask (Mother) if her doctor did a good job in delivering (Applicant).
Chat log available
3 January 2013
Gift card received from my Australian government work colleagues congratulating (Mother) and me on the birth of our son.
Gift card available
3 January 2013
Email received from (Applicant)’s Australian Uncle and Auntie congratulating (Mother) and Me on the birth of (Applicant)
Email available
3 January 2013
Email sent from (Applicant)’s Australian grandparent to Australian citizen Mr Martin and Ms Cruttenden with photos attached of (Applicant)’s birth
Email available
3 January 2013
Email correspondence between (Applicant)’s Australian grandparent (Bernie McMaugh) and another Australian citizen (May Clarke) congratulating on becoming a grandparent and asking how is (Applicant)’s father feeling. Email shows (Applicant)’s father was trying to organise a flight to get to Philippines.
Email available
4 January 2013
Australian parent advised (Mother) to stock up on baby formula for his Australian baby because there is a worldwide shortage of formula. Money sent for this. Australian parent asked (Mother) if she obtained his Australian baby clinical notes and if birth vaccination was given. Also, if his Australian son hearing results are ok. Australian parent also enquired how he can obtain his Australian baby birth certificate and what the requirements are.
Chat log available
4 January 2013
My son’s Paediatrician issues a baby book with all (Applicant)’s medical records and immunisation history, front page has my name in the book as his father, Paediatrician acknowledges me as his parent
Baby book available
4 January 2013
Vaccinations given to (Applicant) paid for by me as his responsible parent
Receipt dated 7 June 2013 and signed by my son’s Paediatrician available – western union money transfer receipt available
5 January 2013
Australian parent advised (Mother) that he intends on purchasing a home in Dumaguete close to Silliman University Campus so that if we choose to send (Applicant) to university there he will have somewhere to stay. Australian parent advised (Mother) that he is paying for his airline ticket now to spend time with his Australian baby.
Chat log available
5 January 2013
Email received from Australian citizen residents Paul and Meryle Martin congratulating (Applicant)’s Australian grandparents on becoming a Nan and Pop upon receiving email of photos of (Applicant) in the nursery. Australian citizen resident congratulate applicants Australian father and his fiancé on the birth of their baby.
Email available
7 January 2013
I discussed with (Applicant)’s mother the prospect of employing a nanny to assist (Mother) after giving birth to (Applicant). We contracted a nanny for (Applicant), I paid the nanny bill.
Chat logs available – western union money transfer receipt available
8 January 2013
Email correspondence between (Applicant)’s Australian grandparent (Bernie McMaugh) and an Australian public servant (Elaine Horne) wishing the arrangements for (Applicant) citizenship and marriage between (Mother) and (JM) are going well.
Email available
19 January 2013
I flew from Australia to Philippines to spend time with (Applicant) and (Mother) for 1 week.
Passport entry and exit stamps available – photos available of me holding (Applicant) with (Mother) – bank statements available to show purchases in Philippines
21 January 2013
I attended Silliman University Hospital Philippines where (Applicant) was born to sign his birth certificate in person and to meet with my son’s Paediatrician to discuss any health related issues of my son
Full birth certificate available registered with the Philippine government indicates me as his natural parent and legal guardian and a sworn signed affidavit made by me attached to my son’s birth certificate declaring myself as his natural parent
21 January 2013
The Philippine government department of treasury write a receipt with my name on it for payment received by me for when I personally registered (Applicant)’s birth at the civil registrar’s office of the Philippines
Official government receipt available – passport entry exit stamps available
22 January 2013
Email sent from (Applicant)’s Australian parent ((JM) ) to (Applicant)’s Australian grandparent (Bernie McMaugh) to advise I now have (Applicant)’s birth certificate upon signing , Philippines government recognise me to be the father of (Applicant), and I took (Applicant)’s Filipino cousins out for dinner, they recognise me as (Applicant)’s father.
Email available
22 January 2013
Email sent from (Applicant)’s father ((JM) ) to (Applicant)’s Australian grandparent to advise when (Applicant) will be baptised. Email then forwarded to Australian friends Doug and Lyn Elder with photo attached of (Applicant).
Email available
23 January 2013
I personally flew from Dumaguete (south of the Philippines) up to Manila (north of the Philippines) to submit my son’s application for Citizenship by Descent in person at the Australian Manila Embassy $890
Embassy receipt available and airline ticket available and hotel receipt available – bank statement available
24 January 2013
I purchased for my son a fisher & price rocker and avent milk bottle steriliser
Photos available – bank statement available
29 January 2013
Australian parent asked (Mother) to take his Australian baby to see a doctor.
Chat log available
29 January 2013
Purchase of boys baby Disney clothes and Fisher Price toys
Receipt available
30 January 2013
Australian parent asked (Mother) if there is any more blood in his son’s stool. Australian parent ask (Mother) if she intends to teach his Australian son to speak visaya and English.
Australian parent stated he too will learn to speak visaya so that he can converse in both languages with his Australian son in both languages.
Chat log available
3 February 2013
My son was baptised and baptismal certificate issued and signed by the parish priest / minister – baptismal certificate citation of Father to (Applicant) is (JM) . The government authorities at the Vatican City recognise the Father of (Applicant) is (JM) .
western union money transfer receipt available to pay for baptismal – photos available of baptismal -baptismal certificate available – chat logs available confirming money sent for purpose of baptismal
4 February 2013
Purchase of baby cot and cot mattress $248
Receipt available
5 February 2013
Vaccinations given to (Applicant) paid for by me as his responsible parent
Receipt dated 7 June 2013 and signed by Paediatrician available – western union money transfer receipt available
5 February 2013
(The Applicant’s) mother, sought my consent to admit him into hospital. As his parent, I agreed to admit him to hospital and I paid all cost for the medical attention (Applicant) received as an in-patient. Cost for room & board, drugs & medicines, medical supplies, laboratory examinations, other associated fees
Silliman University Hospital Campus records available – Hospital payment receipts available – western union transfer receipts available for hospital bill – chat logs available
6 February 2013
Australian parent trying to ascertain the formal diagnosis of his sons illness. Australian parent asked (Mother) what she likes the cot he has purchased for his Australian baby.
Chat log available
7 February 2013
Email from (Applicant)’s Australian parent to (Applicant)’s Australian grandparent advising the diagnosis of (Applicant)’s infection
Email available
7 February 2013
(Mother) sought Australian parent to permission to go into private room at the hospital. Australian parent expressed concern. Australian grandparent offered to pay for a private room for (Applicant) at the hospital to ensure (Applicant) and (Mother) are more comfortable. (Mother) sent through a photo of (Applicant) in hospital to his Australian grandparents.
Chat log available – money transfer receipt available – bank statement available – photos available
10 February 2013
Australian parent discussed with (Mother) (Applicant)’s progress of his recovery in hospital. Australian parent organised a hotel booking for (Mother) and (Applicant) to stay in after they are discharged from hospital until they can make their way back safely home to Siquijor. Australian parent discuss with (Mother) how quickly his Australian son is putting on weight.
Chat log available
11 February 2013
I paid for my sick son to receive a review consultation with the Paediatrician at Holy Child Hospital
Signed receipt from the Paediatrician available – western union money transfer receipt available
11 February 2013
I paid for another consultation with a different Paediatrician at Silliman University Medical Campus
Signed receipt from the Paediatrician available – western union money transfer receipt available
4 March 2013
Vaccinations given to (Applicant) paid for by me as his responsible parent
Receipt dated 7 June 2013 and signed by Paediatrician available – western union money transfer receipt available
4 March 2013
As per the Australian Passport Act 2005 –
In most cases people with a parental responsibility are the natural parents (by operation of law and under foreign law) named on the child’s full birth certificate; their parental responsibility can only be removed by an Australian court. Also, where a father has formally acknowledged paternity by signing an affidavit to this effect, he has parental responsibility for the purposes of the Australian passports Act 2005 and is required to provide consent prior to the issue of a passport.
My signed written consent to allow my son to have a Philippine passport available – Philippine passport issued by Department of Foreign Affairs available
16 March 2013
My employer, the Australian government, granted me “supporting partner leave” only for the specific purpose of spending time with my son, (Applicant) and (Mother). I flew from Australia to Philippines to spend 3 weeks with them.
Passport entry and exit stamps available – Australian government approved leave for specific purpose available – photos available - Hotel Receipts available – airline tickets available
20 March 2013
Immigration officer conducted a telephone interview with (Applicant)’s mother, (Mother). (Mother) provided a statement to the immigration officer during this interview.
(Mother) confirmed we ((JM) ) met online in January 2012. (Mother) also confirmed that she fell pregnant in May 2012 whilst with (JM) .
During this interview the public servant failed to ask relevant questions pertaining to the citizenship by descent application such as how the Australian citizen parent has provided a commitment to (Mother) and (Applicant) through domestic, financial and emotional support, and what evidence can be provided to support this. The public servant clearly demonstrated total incompetence whilst conducting this interview.
Instead the immigration officer demanded more additional photos of (Applicant) to racially profile him and asked (Mother) about her marital status.
(Mother) stated that she has been separated from her ex-husband since 2004 and that she is in the process of obtaining a divorce.
The immigration officer placed more weight on (Mother)’s marital status during the interview and as a result failed to establish that (Applicant) (Mother) and (JM) have been, and continue to be in a committed family relationship. The file note and refusal letter provided to the Tribunal shows the public servant clearly discriminates on the marital status of the applicants parents. Decisions made on the grounds of discrimination of the applicants parents marital status or gender is forbidden under the acts. This discrimination is further emphasised in the refusal for citizenship letter dated 21 May 2013 written by the public servant.
Interview file note available T documents - Hotel receipts available T documents
Citation – Australian Citizenship Act 2007 Section 16 (2)(a)(b) section 6 section 8
Federal Court of Australia H v Minister for Immigration and Citizenship (2010) FCAFC 119 section 33 section 34 section 112
Family Law Act 1975 section 60B 2(a)

24 March 2013
Whilst in Philippines I purchased for (Mother) a baby carrier pouch and for (Applicant) 2 pairs of toddler shoes
Receipt available – photos available – passport entry exit stamps available – bank statement available
27 March 2013
Purchase of baby clothes
Receipt available
2 April 2013
Email with photos of (Applicant) sent from me whilst in Philippines to two of (Applicant)’s Australian uncles and auntie
2 Emails available
3 April 2013
Vaccinations given to (Applicant) paid for by me as his responsible parent
Receipt dated 7 June 2013 and signed by Paediatrician available – western union money transfer receipt available
8 April 2013
I sent a signed letter addressed to the Manila embassy to follow up on my son’s citizenship by descent application. As the responsible parent of (Applicant) I requested the progress of his application. Please note, this letter has been excluded from the respondents tribunal documents.
Signed letter from me addressed to the Manila embassy available
15 April 2013
As the responsible parent of (Applicant) I met with my federal member of parliament Mr Don Randall to discuss the refusal of my son’s citizenship by descent. Subsequently, Mr Randall wrote to the Manila embassy.
Signed letter dated 16 April available
3 May 2013
Philippine Government Department of Social Welfare and Development sought my written consent as the parent of (Applicant) for approval of a Travel Clearance
Signed letter of me granting approval available- signed payment receipt issued by the government Department of Social Welfare and Development available
6 May 2013
Purchase of Baby Bullet machine for the purpose of mashing (Applicant)’s food to transition him onto solid foods
Receipt available
6 May 2013
Purchase of baby clothes
Receipt available
7 May 2013
Baby clothes and toys purchased by my son’s Australian Grandparents Patricia and Bernie McMaugh – sent from Australia to Philippines
receipt available
9 May 2013
Philippine government Department of Social Welfare and Development issue Travel Clearance with a declaration attached “(Applicant) will be the travel companion of his Father (JM) (my address in Australia) for the purpose of visiting relatives in Australia”
Travel clearance declaration issued by the government Department of Social Welfare and Development available
16 May 2013
I facilitated (Applicant) and (Mother) to attend in person at the Philippine government department of Social Welfare and Development to collect the Travel Clearance so that (Applicant) can pass Philippine Immigration for the purpose of visiting relatives in Australia
Airline ticket available – hotel accommodation available – bank statement available
27 May 2013
Purchase of 6 pacifiers for my son to reduce the risks of sudden infant death syndrome – receipts available
31 May 2013
Vaccinations given to (Applicant) paid for by me as his responsible parent
Receipt dated 7 June 2013 and signed by Paediatrician available – western union money transfer receipt available
3 June 2013
Purchase of baby clothes and toys
Receipt available
3 June 2013
Purchase of baby toys
Receipt available
6 June 2013
Purchase of baby night light and baby play mat
Receipt available
7 June 2013
I paid for vaccinations for (Applicant) done by Silliman University Hospital
Receipt available – baby book available
13 June 2013
The federal government Department of Human Services has accepted my application, as a valid application for family tax benefit, therefore has acknowledged me as the responsible parent of (Applicant) , pending residency requirements
Acknowledgement letter available
15 June 2013
Purchase of baby clothes
Receipt available
19 June 2013
(Applicant)’s Grandmother and I flew from Australia to Philippines to spend 2 nights with (Applicant) and (Mother).
Passports entry and exit stamps available –photos available - hotel receipts available – airline tickets available – bank statement available
20 June 2013
Whilst I was spending time with (Applicant) in the Philippines I purchased for him a baby walker and food blender to transition him onto solid food. Also, purchased newborn teat for him.
Receipt available – photos available – bank statement available
20 June 2013
(Applicant)’s grandmother purchased baby clothes for him whilst spending time with him in the Philippines
Receipt available – bank statements available
8 July 2013
I purchased leap frog tag junior learn to read for (Applicant) for when he turns 1 year old and a leap frog toy
Receipt available
15 July 2013
A court ordered certificate of divorce issued to (Mother) which annuls her first marriage. The applicant’s mother has been separated from her ex-husband since 2004 and is officially divorced from him.
Certificate of Divorce available
9 September 2013
(Applicant) receives vaccinations paid for by his Australian parent. (Applicant) is fully immunised and up to date on his vaccinations due to the Australian parent being the responsible parent for (Applicant).
Paediatrician receipt available – money transfer receipt available
28 September 2013
Birthday flowers and card sent to my fiancé and soon to be wife, and the mother of my son, wishing her happy birthday
Order confirmation available – receipt available
1 October 2013
The Family Court of Western Australia issues a formal declaration. The court declares (JM) to be the parent of (Applicant) and therefore under both state and federal laws (JM) has Parental Responsibility for (Applicant) .
available
Frequent chat logs between the Australian parent and the applicant’s mother, (Mother) Timbang, available from March 2012 to February 2013.
Attachment “B”
24 March 2012
8:03:44 PM
maroonedisland: baby how will you go if you fall pregnant in May and you have to take board exam in June ? How will you cope with morning sickness and so on in the lead up to board exam?
8:04:30 PM
marivic_sweety31: is that ok baby hehehehe
8:07:54 PM
maroonedisland: it is okay with me as long as you will be able to handle both these major events in your life
8:11:10 PM
maroonedisland: will you feel okay to take the board exam while feeling pregnant
8:11:32 PM
marivic_sweety31: yes babe i can
8:19:33 PM
maroonedisland: i lov u
8:20:01 PM
marivic_sweety31: i love u too babe
31 May 2012
7:33:22 PM
marivic_sweety31: congratulation u are daddy now
7:34:18 PM
maroonedisland: WOW WOW WOW WOW I LOVE YOU I LOVE YOU I LOVE YOU
7:34:39 PM
maroonedisland: i have a tear rolling down my face
7:34:42 PM
marivic_sweety31: are u happy baby?

7:35:01 PM
maroonedisland: i cant believe it are you sure baby
7:35:11 PM
marivic_sweety31: u recieve the pregnancy test i attach?
7:35:12 PM
maroonedisland: what does the photo mean
7:35:32 PM
maroonedisland: yes but how do i read the pregnancy test
7:35:35 PM
marivic_sweety31: positive babe
7:36:02 PM
maroonedisland: wow i am breathless
7:36:12 PM
maroonedisland: you are so wonderful baby i love you
7:36:12 PM
marivic_sweety31: the 2 line is positive
7:36:34 PM
marivic_sweety31: i love u too
7:36:47 PM
marivic_sweety31: i am a mom too
7:36:52 PM
marivic_sweety31: im happy baby
7:36:52 PM
maroonedisland: congradulations baby you are a mother
7:37:00 PM
maroonedisland: ma ma
7:37:01 PM
marivic_sweety31: thank u baby
7:37:02 PM
maroonedisland: mummy
7:37:28 PM
marivic_sweety31: u are not my baby now i have my baby in my womb hehehe
7:37:31 PM
maroonedisland: wow babe we got pregnant quickly ,,, it means it was meant to be
7:37:45 PM
maroonedisland: god gave us one
7:37:48 PM
maroonedisland: a baby
7:37:55 PM
marivic_sweety31: hehehehe yes babe
7:38:11 PM
maroonedisland: it means we are meant to be together
7:38:28 PM
maroonedisland: god wants us to be together for he gave us a baby
7:38:59 PM
maroonedisland: i know sweet
IM 31 May 2012 7:46:40 PM
7:39:07 PM
maroonedisland: i do what i can for you
7:39:10 PM
marivic_sweety31: i dont like vomiting and i dont have energy baby
7:39:18 PM
maroonedisland: i love you
7:39:34 PM
marivic_sweety31: i love u too
7:39:58 PM
maroonedisland: i am breathless
7:40:02 PM
maroonedisland: thank you
7:40:12 PM
maroonedisland: is what i am feeling thank you
7:40:15 PM
maroonedisland: i really appreciate you
7:41:18 PM
maroonedisland: two red bars means positive
7:43:30 PM
maroonedisland: baby i have tears in my eyes ,, too much emotion for me,,,
7:43:41 PM
maroonedisland: how do you feel about being pregnant
7:43:57 PM
marivic_sweety31: tears of joy babe
7:44:06 PM
maroonedisland: yes babe
7:44:07 PM
maroonedisland: joy
7:44:10 PM
marivic_sweety31: yes of course im happy
7:45:00 PM
maroonedisland: wow there is so many things i want to say and do and prepare so much going on in my head,,, i am so happy that you will be the mother of the child
7:45:48 PM
marivic_sweety31: thank u baby same to u i am happy too
7:45:54 PM
maroonedisland: i cant believe it
7:46:12 PM
marivic_sweety31: hehehehehe believe it babe
7:46:27 PM
maroonedisland: it was you that i have been waiting for,, thank you baby , , i love you so much
7:46:27 PM
marivic_sweety31: accept now that u are a father
7:46:40 PM
marivic_sweety31: i love u too
IM 31 May 2012 8:04:19 PM
7:47:03 PM
maroonedisland: yes baby i feel like a father ,, i am ready to be a father and loving mate to you
7:47:54 PM
maroonedisland: i wish i could hug you
7:49:22 PM
maroonedisland: excuse me for one minute babe ,,, i have to wipe my eyes
7:50:10 PM
marivic_sweety31:
7:50:18 PM
marivic_sweety31:
7:50:24 PM
maroonedisland: i am so glad its you
7:50:29 PM
maroonedisland: that i have a child with
7:50:42 PM
maroonedisland:
7:50:46 PM
maroonedisland:
7:51:45 PM
marivic_sweety31: hope u will be a good father
7:52:49 PM
maroonedisland: i do my best baby too make you comftable
7:52:59 PM
maroonedisland: i want you here now in my home
7:53:08 PM
marivic_sweety31: ok thank u babe
7:54:47 PM
maroonedisland:
7:54:56 PM
maroonedisland:
7:55:12 PM
marivic_sweety31:
26 June 2012
6:53:30 PM
marivic_sweety31: maybe my stomacch is always pain because of electric fan
6:55:48 PM
maroonedisland: Wow I am so worried about you
6:56:04 PM
maroonedisland: What can I do
6:56:30 PM
maroonedisland: I hope you will be ok
6:57:08 PM
maroonedisland: I don't understand what amenic is all about
6:57:52 PM
maroonedisland: I hope the doctors can make it better for you
6:58:42 PM
marivic_sweety31: thats ok babe
6:59:09 PM
marivic_sweety31: its better anemic than high blood
6:59:27 PM
maroonedisland: Do you have iron supplements with you now
6:59:52 PM
marivic_sweety31: yes babe
7:00:37 PM
maroonedisland: Thank god you have supplements
7:00:38 PM
marivic_sweety31: i love u baby
7:01:23 PM
maroonedisland: I love you more. I really wish I was there now to help you
7:02:57 PM
maroonedisland: I should have realized how unwell you have been
7:04:58 PM
marivic_sweety31: did u go gym?
7:04:59 PM
maroonedisland: I am so worried about you
IM 26 Jun 2012 7:06:28 PM
7:05:13 PM
marivic_sweety31: dont worry im ok
7:05:42 PM
maroonedisland: Gym no I cancelled my membership so I can support you better
7:06:11 PM
marivic_sweety31: ahh ok baby
7:06:14 PM
marivic_sweety31: i love u
22 August 2012
7:39:02 AM
maroonedisland: If boy or girl
7:39:12 AM
marivic_sweety31: on friday
7:39:38 AM
marivic_sweety31: we will no clear on friday baby
7:40:09 AM
maroonedisland: How exciting babe
7:40:42 AM
marivic_sweety31: im very excited babe
7:41:00 AM
maroonedisland: Me too
7:41:22 AM
maroonedisland: Thank you for doing this for us
7:42:15 AM
marivic_sweety31: yes baby this is for your baby
5 September 2012
8:37:27 PM
maroonedisland: Thank you for sharing your great news today
8:37:43 PM
maroonedisland: To know its a girl has made my day
8:38:03 PM
maroonedisland: I love you
8:38:12 PM
8:38:12 PM
marivic_sweety31: i love u too
8:38:18 PM
maroonedisland:
8:38:23 PM
marivic_sweety31: are u happy baby?
8:38:51 PM
maroonedisland: So very happy tears in my eyes
8:38:52 PM
maroonedisland: Thank you
8:39:11 PM
maroonedisland: You are so wonderful
8:39:15 PM
maroonedisland: How about you ?
8:42:10 PM
marivic_sweety31: im haappy too babe
17 September 2012
5:25:53 PM
maroonedisland: How worse is the pain getting ?
5:26:21 PM
maroonedisland: What if it's the baby ?
5:26:24 PM
marivic_sweety31: pain very very very pain baby
5:27:17 PM
marivic_sweety31: yes the baby
19 September 2012
10:08:39 AM
maroonedisland: I'm so worried about you
10:09:02 AM
maroonedisland: I try contacting you last night and this morning
10:09:26 AM
maroonedisland: What the doctor say about the baby being down ?
10:09:41 AM
maroonedisland: Is the baby too low ?
10:26:59 AM
marivic_sweety31: yes babe low thats why my stomach is pain and my front
IM 19 Sep 2012 11:53:15 AM
11:52:58 AM
maroonedisland: What did the doctor say to do.
11:53:15 AM
maroonedisland: Is the baby still in the breach position ?
IM 19 Sep 2012 2:18:57 PM
2:18:57 PM
marivic_sweety31: yes baby still breech
IM 19 Sep 2012 3:26:05 PM
3:26:05 PM
maroonedisland: She is determined to come into this world baby
2 December 2012
12:23:02 PM
maroonedisland: i sent you an email as a remindar of what to ask the hospital and doctor when you go back
12:23:25 PM
maroonedisland: i sent is on 28/11/12
12:23:31 PM
marivic_sweety31: yes baby
8:04:44 PM
marivic_sweety31: i love u baby
8:05:45 PM
maroonedisland: i love you too
8:06:21 PM
maroonedisland: baby there is a powerful typhoon heading towards phils , it will reach there on Tuesday
5 December 2012
6:51:51 PM
maroonedisland: I have been so worried about you
6:52:08 PM
maroonedisland: How are you. What happened with the typhoon
6:52:22 PM
marivic_sweety31: ohhh very strong babe
6:52:23 PM
maroonedisland: Are you ok ?
6:52:27 PM
marivic_sweety31: im scared
6:52:38 PM
marivic_sweety31: yes im ok
6:53:00 PM
maroonedisland: I listen and read the news all last night and today
6:53:17 PM
marivic_sweety31: yes babe
6:53:19 PM
maroonedisland: I tried calling your phone last night and all day today
6:53:27 PM
marivic_sweety31: lots of houses are damages
6:55:44 PM
maroonedisland: I'm feeling better to know that u are ok
6:55:51 PM
marivic_sweety31: where is the typhhon now?
IM 5 Dec 2012 7:09:10 PM
6:55:53 PM
maroonedisland: And the house is still there for you
6:55:59 PM
marivic_sweety31: thank u baby
7:09:48 PM
maroonedisland: Throw the food out if you have too
7:09:54 PM
maroonedisland: I will replace
7:10:25 PM
maroonedisland: Ok baby. You scared go stay with cousins
7:10:30 PM
marivic_sweety31: ok baby thank ufor your concerned
1 January 2013
IM 1 Jan 2013 12:22:14 AM
12:21:07 AM
marivic_sweety31: Happy new year again baby
12:21:36 AM
marivic_sweety31: Wish we were together
12:21:41 AM
marivic_sweety31: I love u
12:21:50 AM
maroonedisland: Happy new year sweety
12:22:12 AM
maroonedisland: I wish the same
12:22:14 AM
maroonedisland: Lov u
11:16:39 AM
marivic_sweety31: What u doing babe?
11:17:27 AM
maroonedisland: washing baby clothes for my suitcase and preparing paperwork
2 January 2013
6:57:07 AM
marivic_sweety31: Congrats
6:57:16 AM
marivic_sweety31: Your a daddy now
7:01:30 AM
marivic_sweety31: Baby
7:17:49 AM
maroonedisland: Congrats babe
7:18:02 AM
maroonedisland: The photos failed
7:18:15 AM
maroonedisland: Is it boy or girl
7:18:29 AM
maroonedisland: What date was born ?
7:18:44 AM
maroonedisland: Did u have cesar or natural
1:28:14 PM
maroonedisland: My family here are shouting for joy
1:28:53 PM
maroonedisland: Everyone so very happy with you
1:29:27 PM
maroonedisland: They all they congrats us
6:31:05 PM
marivic_sweety31: U recieve picture baby?
6:34:30 PM
marivic_sweety31: Daddy
6:40:58 PM
marivic_sweety31: Baby
6:41:06 PM
marivic_sweety31: Where are u daddy
6:41:12 PM
marivic_sweety31: We love u
6:41:19 PM
marivic_sweety31:
6:41:42 PM
maroonedisland:
6:41:48 PM
maroonedisland: Wait baby
6:43:50 PM
marivic_sweety31: Ok babe
IM 2 Jan 2013 8:06:17 PM
7:53:23 PM
maroonedisland: The photos failed baby
7:53:28 PM
maroonedisland: You try now
7:53:50 PM
marivic_sweety31: All baby?
7:54:14 PM
marivic_sweety31: How many photo u recieve?
7:54:28 PM
maroonedisland: No. Just the last 4
7:54:51 PM
maroonedisland: I receive about 7
8:01:45 PM
marivic_sweety31: U recieve babe?
8:02:23 PM
marivic_sweety31: Baby
8:02:44 PM
maroonedisland: Yes baby
8:02:45 PM
maroonedisland: Wow
8:02:56 PM
maroonedisland: I'm showing everyone
8:02:57 PM
maroonedisland: Now
8:03:06 PM
maroonedisland: You rest baby
8:03:09 PM
marivic_sweety31: I love u daddy
8:03:15 PM
marivic_sweety31: Hehe
8:03:34 PM
maroonedisland: I love you more mommy
8:03:43 PM
marivic_sweety31: Show to mom and dad babe
8:04:19 PM
maroonedisland: Yes everyone incudiing cousins and brothers
3 January 2013
5:13:55 PM
maroonedisland: How are u feeling
5:13:55 PM
maroonedisland: I love you mom
5:14:05 PM
marivic_sweety31: Tom were come back to hospital for check up of calvin
5:14:27 PM
maroonedisland: Ok. Is he with you now
5:14:36 PM
maroonedisland: Is he ok
5:14:40 PM
marivic_sweety31: Im good baby and calvin is good and healthy baby
5:14:54 PM
marivic_sweety31: Yes babe calvin with me
5:15:03 PM
marivic_sweety31: Yes he ok
5:15:05 PM
maroonedisland: Excellent
5:15:41 PM
marivic_sweety31: The new burn screening of calvin is 3 weeks the result
5:15:47 PM
maroonedisland: When you go back home
5:16:35 PM
maroonedisland: What's new burn screening
5:16:45 PM
marivic_sweety31: I dont know yet baby u check the weather
5:17:20 PM
marivic_sweety31: Born screening not burn hehe
5:17:56 PM
marivic_sweety31: Test of the baby if there is no sick or whatever
9:29:49 PM
maroonedisland: Did your favourite female doctor that you met with before deliver the baby ?
9:31:26 PM
marivic_sweety31: Yes baby my doctor is good
4 January 2013
IM 4 Jan 2013 7:41:14 AM
7:38:50 AM
maroonedisland: There is a worldwide shortage of formula milk because the Chinese government are buying all available formula around the world because there home grown milk is contaminated with deadly chemicals
7:40:44 AM
maroonedisland: Make sure you stock up on a lot of formula milk
7:41:14 AM
maroonedisland: In case you go to the shops but there is none on the shelves
IM 4 Jan 2013 8:31:39 AM
8:25:59 AM
marivic_sweety31: Ok baby
8:26:56 AM
marivic_sweety31: I love u baby
1:52:16 PM
maroonedisland: And the birth cert ??
1:53:23 PM
marivic_sweety31: U should be the one to registered baby
IM 4 Jan 2013 2:11:30 PM
1:54:16 PM
marivic_sweety31: Your aknowledge
1:55:33 PM
marivic_sweety31: Your signature is needed if it is your family name
1:55:40 PM
maroonedisland: Yes I already know that
1:55:57 PM
marivic_sweety31: Ahh ok babe
1:56:04 PM
maroonedisland: Can I take it the same day as I sign or do I have to wait ??
1:56:24 PM
marivic_sweety31: The hearing test of calvin is ok babe
1:56:38 PM
marivic_sweety31: It takes 2days babe
1:57:18 PM
maroonedisland: 2 days after I sign ???
1:57:54 PM
marivic_sweety31: Yes babe
1:59:33 PM
marivic_sweety31: The BCG and HEPA vaccine is done today
5 January 2013
3:17:00 PM
maroonedisland: I'm paying for my airline ticket now
IM 5 Jan 2013 8:33:48 PM
7 January 2013
12:27:40 PM
marivic_sweety31: we take a nanny baby
12:28:06 PM
marivic_sweety31: but when i come back im the one to take care of my baby
12:28:12 PM
maroonedisland: Nanny for one week
30 January 2013
5:45:36 PM
maroonedisland: How is Calvins stools
5:45:50 PM
marivic_sweety31: are u busy babe?
5:46:30 PM
maroonedisland: No
5:46:31 PM
maroonedisland: I'm always busy
5:46:59 PM
marivic_sweety31: no more blood baby
5:47:36 PM
maroonedisland: Did u take him to the doctor
5:47:54 PM
marivic_sweety31: i have to wait on 4 babe to go to dumaguete
5:48:12 PM
marivic_sweety31: not yet baby
5:49:20 PM
maroonedisland: So Calvin is healthy then ?
5:49:36 PM
marivic_sweety31: yes babe he is healthy
6:41:29 PM
maroonedisland: Baby are teaching Calvin to speak visaya or Tagalog ?
6:43:20 PM
marivic_sweety31: visaya babe
6:43:23 PM
marivic_sweety31: why?
6:44:02 PM
maroonedisland: I will learn visaya now instead of Tagalog
6:44:24 PM
marivic_sweety31: ok
6:44:42 PM
marivic_sweety31: why u download visaya on your iphone babe?
6:44:54 PM
marivic_sweety31: baby excuse me calvin is crying
6:44:58 PM
marivic_sweety31: for a while
6:45:05 PM
marivic_sweety31: i love u
6:45:24 PM
maroonedisland: Yes I try to find something to teach me how to speak visaya
6 February 2013
6:28:02 AM
maroonedisland: Hi babe
6:28:12 AM
maroonedisland: How is Calvin
6:30:52 AM
marivic_sweety31: another botle of dextrose again babe
6:31:34 AM
maroonedisland: What's dextrose
6:32:02 AM
marivic_sweety31: intravenous fluid babe
6:34:27 AM
marivic_sweety31: balance maintenance babe
6:37:19 AM
marivic_sweety31: doctor observe him until 3 days
6:50:36 AM
maroonedisland: How long has he had the urinary infection
IM 6 Feb 2013 7:07:17 AM
6:53:58 AM
marivic_sweety31: i dont know babe before the exami
6:54:54 AM
marivic_sweety31: exam result is ok he dont have UTI
6:55:41 AM
maroonedisland: Not urinary infection ?
6:56:37 AM
marivic_sweety31: urinary tract infection
6:57:43 AM
marivic_sweety31: the stool result i know today
6:57:48 AM
maroonedisland: Are the results back from the blood in the stool?
7:02:36 AM
marivic_sweety31: aside of blood streaked of his stool they find also infection of his urine
7:04:27 AM
maroonedisland: So he does have a urinary infection?
7:05:45 AM
marivic_sweety31: he has urinary infection
7:06:29 AM
marivic_sweety31: dont worry hope will be ok
7:07:00 AM
marivic_sweety31: they administer antibiotic by IV push
5:12:46 PM
marivic_sweety31: hello baby
5:12:49 PM
marivic_sweety31: how are u?
5:14:26 PM
maroonedisland: Good. How are you
5:15:01 PM
maroonedisland: Any news?
5:15:47 PM
marivic_sweety31: im good
5:15:54 PM
marivic_sweety31: calvin is not good
5:16:00 PM
marivic_sweety31:
5:16:14 PM
maroonedisland: Why
5:16:42 PM
marivic_sweety31: finding amoeba
5:17:03 PM
maroonedisland: Is he not getting any better ?
5:17:30 PM
maroonedisland: What is that
5:19:04 PM
marivic_sweety31: he will get soon baby
IM 6 Feb 2013 8:11:47 PM
9:00:46 PM
maroonedisland: What has the doctor say?
9:04:26 PM
marivic_sweety31: she will observe until tom afternoon babe
9:05:59 PM
maroonedisland: But what is his diagnosis.? Everyone seems to be doing a lot of observing but no diagnosis
9:06:42 PM
marivic_sweety31: amoeba,and uti
9:08:03 PM
maroonedisland: Oh so it is amoeba
9:17:28 PM
maroonedisland: Yes it's a combination of bacteria and parasite that thrives in poor sanitation. Common in poor developing countries. The parasite does not exist in Europe america and Australia. Aboema was eradicated from Australia many decades ago. Same with USA
10 February 2013
10:37:58 PM
marivic_sweety31: calvin is heavy now u know
10:38:06 PM
marivic_sweety31: his 4.7
10:38:32 PM
maroonedisland: gee he put on 1.5 kilos in one month
10:38:49 PM
maroonedisland: thats amazing
10:38:50 PM
marivic_sweety31: yes
10:38:55 PM
maroonedisland: means his healthy
10:39:20 PM
maroonedisland: he did not loose weight while having this infection
10:39:39 PM
marivic_sweety31: yes how much more if his not get amoeba and uti
10:40:21 PM
maroonedisland: yes could have been heavier
10:40:35 PM
maroonedisland: he is a good boy

[2014] AATA 18

Key Legal Topics

Areas of Law

Immigration & Refugee Law

Legal Concepts

Naturalisation

Parental Relationship

Citizenship by Descent

Division	GENERAL ADMINISTRATIVE DIVISION
File Number(s)	2013/2635
Re	ABCD
APPLICANT
And	Minister for Immigration and Border Protection
RESPONDENT

Tribunal	Mr S Penglis, Senior Member
Date	7 January 2014
Place	Perth

I certify that the preceding thirty-nine (39) paragraphs are a true copy of the reasons for the decision herein of Mr S Penglis, Senior Member
…(Sgd) T Freeman………. Associate Dated: 7 January 2014
Date of hearing:	4 December 2013
Representing the Applicant:	His father
Counsel for the Respondent:	Ms S Wende
Solicitors for the Respondent:	Sparke Helmore