Akbari and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal considered an application for Australian citizenship by conferral made by Mr Akbari. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs refused to grant citizenship, and this decision was affirmed by the Tribunal. The central dispute concerned whether Mr Akbari's identity could be satisfied under section 24 of the *Australian Citizenship Act 2007* (Cth), which requires the Minister to be satisfied of an applicant's identity.

The legal issues before the Tribunal were whether Mr Akbari had provided sufficient evidence to satisfy the requirements of section 24 of the Act, particularly concerning the three pillars of identity: biometrics, documentation, and life story. This involved assessing the genuineness and probative value of documents provided by Mr Akbari, including an alleged Afghan Taskera, Pakistani educational records, and medical certificates relating to his purported mother. The Tribunal also had to consider inconsistencies in Mr Akbari's account of his life prior to arriving in Australia.

The Tribunal reasoned that Mr Akbari had failed to provide sufficient evidence to establish his identity. Significant doubts were raised regarding the authenticity of his Afghan Taskera, particularly given his prior statement that he had never possessed such a document. Furthermore, the educational documents from Pakistan were found not to relate to existing institutions, and the medical records did not directly identify Mr Akbari or corroborate his claimed residence in Pakistan. Inconsistencies in his employment history and his account of returning to Pakistan after claiming to have left for safety also undermined the credibility of his life story. The Tribunal applied the principles outlined in Citizenship Procedural Instructions, which require an evidence-based approach to establishing identity across a person's life, and concluded that the onus was on the applicant to provide supporting information.

Ultimately, the Tribunal found itself unsatisfied as to Mr Akbari's identity, having regard to the totality of the evidence and the identified inconsistencies. Accordingly, the decision under review, which affirmed the refusal of citizenship, was affirmed.