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

This matter concerned an application for Australian citizenship by conferral by Mr Alkizaie, who was represented by the applicant. The dispute arose when the delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was not satisfied of the applicant's good character and identity. The Administrative Appeals Tribunal was required to review this decision.

The Tribunal was tasked with determining whether it should be satisfied of the applicant's identity under section 24(3) of the *Migration Act 1958* (Cth) and whether it should be satisfied that the applicant is of good character under section 21(2)(h) of the Act. The applicant provided oral and written evidence, stating he arrived in Australia as a refugee in 2010, identifying as an Iraqi national named Jaisem Mohammed Manhoush, with Alkizaie being a tribal name. He detailed his life in Iraq, including military service, employment, marriage, and the birth of four children, and explained his desire to bring his family to Australia.

The Tribunal found the case difficult to weigh. While the applicant provided several undisputed documents, including his passport, military service record, and marriage certificate, concerns were raised about the authenticity of other documents, such as his Iraqi identity card, supported by evidence from the Department of External Affairs and Trade and the Australian Embassy in Jordan. The Tribunal accepted the applicant's evidence regarding his family in Iraq, corroborated by a witness who knew the applicant and his family in their home region. Ultimately, the Tribunal concluded that while the applicant had made significant efforts to provide documentation, and there was no evidence of deliberate deception or bad character, the authenticity of key documents and the limited details of his early life meant it could not be satisfied of his identity. The Tribunal also found the applicant to be of good character, noting that any issues with his identity documents might be due to circumstances beyond his control. The decision under review was set aside and remitted.