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

This matter concerned an application for Australian citizenship by conferral made by Mr Bonimpa, which had been refused by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs. The refusal was based on the delegate's dissatisfaction with Mr Bonimpa's identity and his good character. Mr Bonimpa sought review of this decision before the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine two key issues: firstly, whether it was satisfied of Mr Bonimpa's identity as required by subsection 24(3) of the *Citizenship Act 1948* (Cth) to approve his application for citizenship; and secondly, whether Mr Bonimpa met the eligibility requirement of being of good character under subsection 21(2)(h) of the *Citizenship Act 1948* (Cth).

In its reasoning, the Tribunal applied an evidence-based approach to establishing identity, as outlined in the Citizenship Procedural Instructions, which requires verification throughout a person's life and consideration of multiple "pillars of identity." The Tribunal found significant inconsistencies in the documentation provided by Mr Bonimpa regarding his date of birth and place of birth, with different dates appearing on various official and unofficial documents, including his Orphan Visa application, a medical examination form, a radiological report, and a South African Police Clearance Certificate. Furthermore, the absence of biometric data and the conflicting accounts of his life story and family connections led the Tribunal to conclude that it was not satisfied of Mr Bonimpa's identity. Consequently, the Tribunal affirmed the delegate's decision to refuse the application, rendering it unnecessary to consider the good character requirement.