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

This matter concerned an application for Australian citizenship by conferral made by Mr Arok. The delegate of the Minister refused Mr Arok's application on the basis that the delegate was not satisfied of his identity, as required by section 24(3) of the *Australian Citizenship Act 2007* (Cth). Mr Arok sought review of this decision before the Tribunal, contending that he had provided all available documents and that obtaining further identity documents from his country of origin, South Sudan, was not feasible.

The central legal issue before the Tribunal was whether it could be satisfied of Mr Arok's identity for the purposes of section 24(3) of the Act, given the documentary evidence provided and the applicant's submissions regarding the difficulties in obtaining further documentation. The Tribunal was required to determine if the evidence presented sufficiently established Mr Arok's identity, notwithstanding the absence of certain types of documentation typically expected in more established societies.

The Tribunal considered the various documents provided by Mr Arok, including Australian identity documents, marriage certificates, and certificates from refugee camps, as well as a purported birth certificate from South Sudan. It noted that while the Act and common law do not mandate specific types of documentation, an applicant's failure to secure evidence of identity that might reasonably be expected to exist and which they have been advised to obtain could lead to rejection. However, the Tribunal stated it would not draw negative inferences from the difficulties Mr Arok might face in procuring reliable documentation. Ultimately, the Tribunal affirmed the delegate's decision, finding that it could not be satisfied of Mr Arok's identity.