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

This matter concerned an application for Australian citizenship by conferral made by Ms Geele, which had been refused by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The Administrative Appeals Tribunal (AAT) was required to determine whether it was satisfied of Ms Geele's identity, as required by section 24(3) of the *Australian Citizenship Act 2007* (Cth), and whether she was of good character, as required by section 21(2)(h) of the Act.

The Tribunal considered the evidence regarding Ms Geele's identity, including a report from the Department of Home Affairs in Nairobi which raised concerns about the authenticity of her birth certificate, noting that birth registration in Somalia is limited and the claimed issuing officer was not verifiable. Ms Geele provided a statutory declaration detailing her life in Somalia, her migration to Kenya, and her subsequent arrival in Australia, explaining that identity documents were not commonly held in Somalia and that her birth certificate had been obtained by her aunt. She also provided a proof of identity certificate issued by the Somalian Consulate in Melbourne and a reference from a community organisation.

In its reasoning, the Tribunal applied the principles outlined in the Citizenship Policy, which considers the three pillars of identity: biometrics, documents, and life stories. The Tribunal found that while concerns were raised about the authenticity of her birth certificate, Ms Geele had provided a detailed and consistent life story, supported by other evidence such as her marriage certificate and the proof of identity document from the Somalian Consulate. The Tribunal was satisfied that, given the circumstances in Somalia, Ms Geele had provided sufficient evidence to establish her identity. Furthermore, the Tribunal was satisfied that Ms Geele was of good character, taking into account her contributions to the Somali community in Australia.

Consequently, the Tribunal set aside the Delegate's decision to refuse Ms Geele's application for Australian citizenship by conferral. The matter was remitted to the Minister for reconsideration, with a direction from the Tribunal that Ms Geele is a person of good character and that her identity is satisfied for the purposes of the Act.