Asuncion and Minister for Immigration and Multicultural Affairs

[2006] AATA 664

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 664

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   N2005/1434

GENERAL ADMINISTRATIVE  DIVISION		)
Re		VIRGILIO ASUNCION

Applicant

And MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

Respondent

DECISION

Tribunal Ms N Bell, Senior Member

Date31 July 2006

PlaceSydney

Decision The decision under review is affirmed

..............................................

Ms N Bell
  Senior Member

CITIZENSHIP - Request to Change Date of Birth On Certificate of Citizenship – Tribunal Not Satisfied That It Is Desirable To Amend Certificate – Decision Under Review Affirmed.

Australian Citizenship Act 1948 (Cth)

Australian Citizenship Instructions

Re Celik and the Department of Immigration, Local Government and Ethnic Affairs (1988) 9 AAR 215

REASONS FOR DECISION

31 July 2006 Ms N Bell, Senior Member

1.      Mr Asuncion was granted Australian Citizenship on 21 June 1995.  The date of birth on his certificate of citizenship is 26 September 1946.  Mr Asuncion made a request that the certificate be changed to show his date of birth to be 26 September 1956.  This was refused by the Minister, and so, on 11 November 2005, Mr Asuncion made an application to this Tribunal.

2.      The parties agreed that the application be “heard on the papers” and so, pursuant to section 34B of the Administrative Appeals Act 1975, I determined the application in the absence of the parties, on the basis of the documents before me and without holding a hearing.

issue

3.      The central issue for me to determine is whether the date of birth recorded on Mr Asuncion’s Certificate of Citizenship is incorrect (see Re Celik and the Department of Immigration, Local Government and Ethnic Affairs (1988) 9 AAR 215). If I find the date of birth is incorrect then I must consider whether it is desirable for the certificate to be amended.

relevant legislation and policy

4. Section 47 of the Australian Citizenship Act 1948, provides, in part:

(1)  Where the Minister is satisfied that it is desirable for any reason that a certificate of Australian citizenship should be amended, the Minister may amend the certificate.

5.      Paragraph 7.5.2 of the Australian Citizenship Instructions, the relevant government policy, states the Minister or her delegate may amend a certificate:

7.1      To correct a departmental error that was made when the original certificate was issued.

7.2      To reflect a gender reassignment.

7.3      To delete the names of children.

evidence

6.      Mr Asuncion provided one document that records his date of birth as 26 September 1956.  This document appears to be issued by the Philippines Office of the Local Civil Registrar, Santo Domingo Province.  The document is dated 30 May 2005 and certifies Mr Asuncion’s date of birth to be 26 September 1956. 

7.      Mr Asuncion submitted that the date of birth error on his Certificate of Citizenship stems from a typographical error on his Philippine passport.  He submitted that he could have corrected the error as early as 1993 but had to prioritise organising his family to move to Australia, a move that his family was given less than one month’s notice to make.  As a result he had to rely on his passport for proof of identity, in spite of the typographical error.  Mr Asuncion is also concerned that he will qualify for a Commonwealth aged pension ten years sooner than he is entitled.

8.      The Minister provided a number of documents that record Mr Asuncion’s date of birth as 26 September 1946, the same date as that recorded on his Certificate of Citizenship.  These documents are as follows:

(a)Australian Passport, issued 17 July 1995;

(b)Current New South Wales Driver Licence;

(c)Philippines Passport, issued 16 March 1987;

(d)Birth Certificate issued by the Philippines Office of the Local Civil Registrar, Santo Domingo province, dated 23 October 1975;

(e)Police Clearance certificate dated 2 March 1992;

(f)Certification that Mr Asuncion is a certified public accountant from 2 December 1967;

(g)Certification that Mr Asuncion took an examination to be a certified public accountant in December 1966;

(h)University records from University of the Philippines from 1966 to 1972.

consideration

9.      Having regard to the evidence before me, I cannot be satisfied that the 1946 date is incorrect or that Mr Asuncion’s correct date of birth is 26 September 1956.  Whilst the document provided by Mr Asuncion supports his date of birth being 26 September 1956, I have more documentary evidence before me to suggest that the correct date is 26 September 1946.  I also note that if Mr Asuncion’s birth year was 1956 rather than 1946, his academic and professional qualifications would have been conferred upon him whilst he was still a child.

10.     I cannot be satisfied that Mr Asuncion’s Certificate of Australian Citizenship is incorrect and so it is not desirable that it be amended.

decision

11.     The decision under review is affirmed.

I certify that the 11 preceding paragraphs are a true copy of the reasons for the decision herein of Ms N Bell, Senior Member

Signed:         ..........[Linda Blue].............................................
  Associate

Date of Hearing  30 June 2006
Date of Decision  31 July 2006
Solicitor for the Respondent     Phillips Fox Solicitors