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

The Administrative Appeals Tribunal (AAT) considered an application for Australian citizenship by conferral made by CCVZ. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused the application, and CCVZ sought review of that decision. The core of the dispute concerned whether CCVZ met the identity and good character requirements for citizenship.

The primary legal issue before the Tribunal was whether CCVZ had satisfied the identity requirement under section 24(1) of the *Australian Citizenship Act 2007* (Cth). CCVZ claimed to be a stateless Bidoon from Kuwait, but possessed identity documents indicating Iraqi nationality. The Tribunal was required to determine if these documents were fraudulent and, consequently, whether CCVZ's identity could be established to the satisfaction of the law. A secondary issue, contingent on the identity finding, was whether CCVZ met the good character requirement under section 24(3) of the Act.

The Tribunal found that it could not be satisfied as to CCVZ's identity. This finding alone was sufficient to prohibit the granting of Australian citizenship under section 24(3) of the *Australian Citizenship Act 2007*. The Tribunal noted that had it formed the view that CCVZ had deliberately concealed his Iraqi citizenship, this would have constituted a failure of the character test, as it would demonstrate an attempt to mislead both the Department and the Tribunal.

Consequently, the Tribunal affirmed the reviewable decision of 12 March 2021, which refused CCVZ's application for conferral of Australian citizenship.