Alarcos and Minister for Immigration, Citizenship and Multicultural Affairs (Citizenship)

The Administrative Appeals Tribunal (AAT) considered a claim for Australian citizenship by descent made by the applicant, Alarcos. The dispute centred on whether the applicant's great-grandfather had obtained and retained Filipino citizenship, which was relevant to the application of exceptions under section 65 of the Papua New Guinea Constitution 1975.

The primary legal issue before the Tribunal was to determine whether the applicant had established that their great-grandfather's circumstances fell within any of the exceptions provided in section 65 of the Papua New Guinea Constitution 1975, specifically concerning the acquisition and retention of Filipino citizenship. This determination was crucial for the applicant to succeed in their claim for citizenship by descent.

The Tribunal found that, based on the material presented, it could not agree with the applicant's submissions. While acknowledging that a strong case might be advanced with further focused inquiries to the Philippines Government and the provision of appropriate information, the Tribunal concluded that at the current stage, it was unable to reach a different conclusion from the original reviewable decision. Consequently, the Tribunal affirmed the decision under review.