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

This matter concerned an application for Australian citizenship by conferral made by Ms Bayu, who sought review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse her application. The refusal was based on the delegate's dissatisfaction with Ms Bayu's identity, as required by section 24(3) of the *Australian Citizenship Act 2007* (Cth). The Administrative Appeals Tribunal was therefore required to determine whether it was satisfied as to Ms Bayu's identity.

The Tribunal considered evidence relating to Ms Bayu's biometrics, including photographs on various identity documents issued in Kenya and Australia, and her life story as provided by herself and her father. The Tribunal noted that Australian identity documents were given minimal weight as they did not establish identity prior to arrival in Australia. While Ms Bayu provided details of her birth in Ethiopia, schooling, and employment, and her father testified to her birth and financial support, inconsistencies and a lack of primary identity documents from her country of origin led to doubts about her identity.

Applying the principles from cases such as *Dhayakpa and Minister for Immigration and Border Protection* [2015] AATA 310, the Tribunal acknowledged that identity does not solely rely on documents from an established society. However, based on the evidence presented, including the inconsistencies in documentation and the life story provided, the Tribunal was not reasonably satisfied of Ms Bayu's identity. Consequently, the Tribunal affirmed the delegate's decision to refuse the citizenship application. The Tribunal suggested that Ms Bayu could make further attempts to obtain identity documents and provide explanations for any inconsistencies in her documentation for any future application.