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

This matter concerned an application for Australian citizenship by conferral made by Achol Run Arol. The Minister for Immigration, Citizenship and Multicultural Affairs had refused the application, being unsatisfied as to the applicant's identity. The Administrative Appeals Tribunal was required to review this decision.

The primary legal issue before the Tribunal was whether it could be satisfied as to the applicant's identity, given the Department of Home Affairs' refusal to do so. A secondary issue arose when the applicant requested the Tribunal extend the scope of its review to consider the "good character" requirement under subsection 21(2)(h) of the relevant Act, even though this had not been determined by the Minister.

The Tribunal reasoned that the Department of Foreign Affairs and Trade's issuance of two Certificates of Identity to the applicant, under different names but with biometrically verifiable photographs, provided a strong basis for establishing her identity. This, combined with the applicant's credible and unchallenged life story, led the Tribunal to be positively satisfied as to her identity. However, the Tribunal declined the applicant's request to consider the "good character" requirement, finding that such an assessment would be premature and burdensome, as the necessary facts were not before it and the Respondent would be denied an opportunity to contest such a finding.

Consequently, the Tribunal set aside the reviewable decision and remitted the matter to the Minister with a direction that the applicant's identity as Achol Run Arol was satisfied under subsection 24(3) of the Act.