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

This matter concerned an application for Australian citizenship by the Applicant, who claimed to be a citizen of Iran. The delegate of the Minister for Immigration, Citizenship and Multicultural Affairs refused the application, being unsatisfied as to the Applicant's identity. The Administrative Appeals Tribunal, however, was satisfied of the Applicant's identity, finding that the prohibition under s 24(3) of the *Citizenship Act* did not apply. Deputy President Boyle of the Administrative Appeals Tribunal considered the appeal.

The primary legal issue before the Tribunal was whether the Applicant had established his identity to the satisfaction of the decision-maker, notwithstanding the delegate's contrary conclusion. This involved assessing the evidence presented by the Applicant in support of his claimed identity against the requirements for conferral of citizenship.

Deputy President Boyle found that there was cogent and consistent evidence, much of which was accepted or not disputed by the Minister, supporting the three essential elements of identity. Consequently, the Tribunal was satisfied that the Applicant was who he claimed to be. The Tribunal set aside the delegate's decision and remitted the matter for reconsideration, directing that the prohibition in s 24(3) of the *Citizenship Act* did not apply to the Applicant.