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

This matter concerned an application for review by Mr. Faiz Mohammad of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for citizenship by conferral. The primary issue before the Tribunal was whether the applicant had satisfied the Minister as to his identity.

The Tribunal was required to determine whether the evidence presented by the applicant was sufficient to satisfy the requirements of section 24(3) of the *Australian Citizenship Act 2007* (Cth) regarding his identity. This involved assessing the credibility and consistency of the applicant's account of his life, including his birth, his family's displacement from Afghanistan to Iran and then Pakistan, and his subsequent journey to Australia.

The Tribunal considered the applicant's detailed evidence regarding his upbringing, including his understanding of his birth date and place, his family's flight from persecution, his father's death, and his undocumented status in Iran and Pakistan. The applicant described the challenges of living as a refugee without formal documentation, his limited educational opportunities, and his eventual migration to Australia. Despite some inconsistencies or gaps that might arise from such a history, the Tribunal concluded that, on balance, the evidence presented was sufficient to satisfy it of the applicant's identity. Consequently, the Tribunal set aside the Minister's decision and remitted the matter to the respondent with a direction that the applicant had demonstrated his identity for the purposes of the Act.